CIGNA HealthCare of Texas, Inc. v. Calad et al., and Aetna Health Inc. v. Davila held that the Employee Retirement Income Security Act (ERISA) completely took the place of all common law or statutory remedies of the employees and dismissed their claims for damages. The plaintiffs were left with only equitable remedies against the plan. Most plans have built in procedures to appeal benefit denial decisions that must be followed. Employees may in the event of a denial pursue equitable remedies in federal court. It has been suggested that they also demand arbitration under the Texas healthcare liability act, but this would seem to be a precluded legal remedy unless it was included in the plan.
