John Bel Edwards said "I would answer the Senator's question by saying that under the examples given, if I understood them correctly, most of those examples would involve interpretation of contract language in the context of a medically reviewable fact. So I believe under our legislation those, in fact, go to State court. I say to my colleague, if there is any medical fact interpretation involved, I believe those cases go to State court. So I think under the examples given, all of the cases would end up in State court. Having said that, though, in fairness to the Senator, I can imagine circumstances--I don't think the Senator's examples meet it--where there could be a medically reviewable decision which would go to State court and also there could be a claim that the contract was breached separate and apart from that, which I think is the issue the Senator is raising." @ PoliticalQuotes.com

On the recordJune 28, 2001

I would answer the Senator's question by saying that under the examples given, if I understood them correctly, most of those examples would involve interpretation of contract language in the context of a medically reviewable fact. So I believe under our legislation those, in fact, go to State court. I say to my colleague, if there is any medical fact interpretation involved, I believe those cases go to State court. So I think under the examples given, all of the cases would end up in State court. Having said that, though, in fairness to the Senator, I can imagine circumstances--I don't think the Senator's examples meet it--where there could be a medically reviewable decision which would go to State court and also there could be a claim that the contract was breached separate and apart from that, which I think is the issue the Senator is raising.

Said by

John Bel Edwards

Democratic · Louisiana

Source

govinfo.gov

Editor's note · Context

Discussing the jurisdiction of state courts regarding contract language and medically reviewable facts.

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