Departing from Prior Panel Decisions, Fourth Circuit Holds Surcharge Remedy Is Not Equitable Relief Available under ERISA
Departing from Prior Panel Decisions, Fourth Circuit Holds Surcharge Remedy Is Not Equitable Relief Available under ERISA
In Rose v. PSA Airlines, Inc., No. 21-2207, __F.4th__, 2023 WL 5839282 (4th Cir. Sept. 12, 2023), a dispute involving the wrongful denial of a health insurance claim, the Fourth…
Take Three: Ninth Circuit Reverses Class Win Against United Behavioral Health
On March 22, 2022, the Ninth Circuit issued an unpublished memorandum in this matter at Wit v. United Behav. Health, No. 20-17363, 2022 WL 850647 (9th Cir. Mar. 22, 2022),…
Tenth Circuit Holds United Behavioral Health Abused Its Discretion in Denying Payment for Residential Treatment Services for Minor with Mental Health and Substance Use Disorders
In David P. v. United Healthcare Ins. Co., No. 21-4129, 2023 WL 5209748 (10th Cir. Aug. 15, 2023), a dispute over the payment of ERISA-governed health care benefits for residential…
Sixth Circuit Revives Breach of Fiduciary Duty Claims Against United HealthCare for Seeking Reimbursement of Medical Expenses Not Required by ERISA Plan
In Patterson v. United HealthCare Ins. Co., No. 22-3167, __F.4th__, 2023 WL 4882436 (6th Cir. Aug. 1, 2023), Plaintiff-Appellant Eric Patterson appealed the district court’s dismissal of his ERISA breach…
Eighth Circuit Holds ERISA Plan Participant Has Standing to Sue Health Plan’s Former Third-Party Administrator and Upholds Denial of Medical Claim
In Shafer v. Zimmerman Transfer, Inc., No. 22-2275, __F.4th__, 2023 WL 3857343 (8th Cir. June 7, 2023), a case seeking to recover ERISA medical benefits, the Eighth Circuit considered (1)…
Tenth Circuit Finds United Behavioral Health Arbitrarily and Capriciously Denied Residential Treatment Benefits to Minor with Severe Mental Health Disorders
In D. K. v. United Behav. Health, No. 21-4088, __F.4th__, 2023 WL 3443353 (10th Cir. May 15, 2023), the Tenth Circuit clarified the procedural requirements for medical insurance claims governed…
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