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Ninth Circuit Holds Assignee of Bankrupt Healthcare Provider’s Health Benefit Claims Has Derivative Standing to Sue under ERISA

Ninth Circuit Holds Assignee of Bankrupt Healthcare Provider’s Health Benefit Claims Has Derivative Standing to Sue under ERISA

Bristol SL Holdings, Inc. v. Cigna Health & Life Ins. Co., No. 20-56122, __F.4th__, 2022 WL 129139 (9th Cir. Jan. 14, 2022) involves a dispute between Sure Haven, a now bankrupt…

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Seventh Circuit Affirms Doctor Did Not Have Valid Assignment to Pursue ERISA Statutory Penalty Claim Against Plan Administrator

W.A. Griffin v. Seven Corners, Inc., No. 21-2332, 2021 WL 6102167 (7th Cir. Dec. 22, 2021) (Before: Kanne, Rovner, and Hamilton, Circuit Judges). Plaintiff-Appellant W.A. Griffin is a dermatologist who…

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Fifth Circuit Holds That Employee’s Retirement Constitutes a “Qualifying Event” and Triggers Employer’s COBRA Notice Obligation

In Randolph v. E. Baton Rouge Par. Sch. Sys., No. 21-30022, __F.4th__, 2021 WL 5577014 (5th Cir. Nov. 30, 2021), involving a dispute over Consolidated Omnibus Reconciliation Act of 1985…

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Eighth Circuit Holds ERISA Does Not Preempt North Dakota Laws Regulating Pharmacy Benefits Managers

Pharm. Care Mgmt. Ass’n v. Wehbi, No. 18-2926, __F.4th__, 2021 WL 5355916 (8th Cir. Nov. 17, 2021) (Before Smith, Chief Judge, Gruender and Benton, Circuit Judges). On remand from the…

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Fifth Circuit Finds Blue Cross Did Not Abuse Its Discretion in Denying Continued Inpatient Treatment for Minor Following Fifth Suicide Attempt

In Michael P. v. Blue Cross & Blue Shield of Texas, No. 20-30361, __F.App’x__, 2021 WL 4314316 (5th Cir. Sept. 22, 2021), Defendants-Appellants Blue Cross and Blue Shield of Texas…

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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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