Ninth Circuit Holds Health Plan Did Not Abuse Its Discretion in Terminating Spousal Benefits Following Judgment of Dissolution of Marriage
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…
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…
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…
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…
Eleventh Circuit Upholds Self-Funded Health Plan’s Equitable Lien on Member’s Medical Malpractice Settlement Proceeds
In Publix Super Markets, Inc., v. Figareau, et al., No. 20-14212, __F.App’x__, 2021 WL 2065434 (11th Cir. May 24, 2021), an action brought under ERISA § 502(a)(3), the Eleventh Circuit…
Sixth Circuit Determines Retirement Healthcare Benefits Did Not Vest Under Collective Bargaining Agreements
In Michigan Educ. Ass’n Fam. Retired Staff Ass’n v. Michigan Educ. Ass’n, No. 20-1174, __F.3d__, 2021 WL 1546129 (6th Cir. Apr. 20, 2021), the Sixth Circuit considered whether retirement healthcare…
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