In this post, we discuss the ERISA claim process, appealing your ERISA claim, filing an ERISA complaint, when to hire an attorney, and more. In determining whether an action is frivolous, the court must consider whether the complaint lacks an arguable basis in law or in fact.Petitioner initially operated as the "The Bronx Health Plan" based in the Bronx. This pamphlet is intended to provide Employers and Employees with general information about their employment rights and responsibilities in New York State. Rule would not be subject to preemption under ERISA per the controlling interpretation of the federal government. This article is for attorneys making a motion for summary judgment in New York state court under Rule 3212 of the Civil Practice Law and Rules. Ameliorate deficiencies and poor performance. Plaintiff's conclusory statements are insufficient to make out a plausible claim under ERISA. Will the gentleman from Michigan (Mr. Us, We, Our: MVP Health Services Corp.