Plaintiffs are individual practicing physicians and a corporation of physicians who entered into contractual arrangements with Defendant Humana, Inc. and certain of its subsidiaries to provide medical services to participants in Humana's various healthcare operations, including its HMOs. Complaint at 3.
Plaintiffs seek damages, including extra-contractual damages.
Defendants Memorandum in Opposition to Plaintiffs' Motion to Remand, p.5. Plaintiffs have moved to remand. The Secretary files this brief in support of Plaintiffs' motion. Accordingly, she has a substantial interest in ensuring that preemption principles are applied appropriately and that preemption issues are adjudicated in the proper forum. In pursuit of that interest, she has participated as an amicus curiae in many district court and court of appeals cases in which preemption issues arose.