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Ninth Circuit Vacates Class Relief Against UnitedHealth for Alleged ERISA Claims-Processing Violations of Lactation Benefit Claims

Ninth Circuit Vacates Class Relief Against UnitedHealth for Alleged ERISA Claims-Processing Violations of Lactation Benefit Claims

In Condry v. UnitedHealth Grp., Inc., No. 20-16823, __F.App’x__, 2021 WL 4225536 (9th Cir. Sept. 16, 2021), a now partially settled class action dispute over the payment of out-of-network lactation…

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Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim for Company’s Misrepresentation of Lifetime Health Benefits

In Warmenhoven v. NetApp, Inc., No. 19-16960, __F.4th__, 2021 WL 4143107 (9th Cir. Sept. 13, 2021), Defendant-Appellee NetApp promised Plaintiff-Appellant Daniel Warmenhoven and other executives lifetime medical benefits under the…

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Ninth Circuit Holds Health Plan Did Not Abuse Its Discretion in Terminating Spousal Benefits Following Judgment of Dissolution of Marriage

In Goodman v. Motion Picture Indus., No. 20-55937, __F.App’x__, 2021 WL 3615415 (9th Cir. Aug. 16, 2021), the Ninth Circuit affirmed the district court’s judgment in favor of the Motion…

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Fifth Circuit Holds Medical Provider Tort Claim Against NFL Is Preempted by ERISA

In Advanced Physicians, S.C. v. National Football League, No. 20-10998, __F.App’x__, 2021 WL 2773112 (5th Cir. July 1, 2021), the Fifth Circuit affirmed the district court’s (N.D. Tex) dismissal of…

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Fourth Circuit Revives ERISA Claims Against Aetna and Optum for “Buried” Service Fees Charged to Self-Funded Health Plans

In Peters v. Aetna Inc., No. 19-2085, __F.3d__, 2021 WL 2546412 (4th Cir. June 22, 2021), a putative class action, the Fourth Circuit revived ERISA breach of fiduciary duty and…

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Second Circuit Finds Home Health Aides Lack Standing for ERISA Claims Based on Alleged Violation of New York Wage Parity Law

In Gonzalez De Fuente v. Preferred Home Care Of New York LLC, et al., No. 20-3985-CV, __F.App’x__, 2021 WL 2308786 (2d Cir. June 7, 2021), Plaintiff-Appellants, certified home health aides…

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