Radici v. Associated Insurance Companies, 217 F.3d 737 (9th Cir. 2000)-This court reversed the district court's holding that the federal Public Health Services Act ("PHSA") pre-empted Radici's state law claims of unlawful termination of health insurance coverage (resulting in Michelle Radici's death). The analogy to ERISA's strong express preemption provision was inappropriate because neither the PHSA itself, nor the COBRA amendments to it, mention pre-emption. This court "discounted" the holding in Moran v. Peralta Community College Dist., 825 F. Supp. 891 (N.D. Cal. 1993), by pointing out that that court did not attempt "a meaningful comparison between the PHSA and ERISA."
