Eleventh Circuit Upholds Self-Funded Health Plan’s Equitable Lien on Member’s Medical Malpractice Settlement Proceeds
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…
Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority
In Lyn M. v. Premera Blue Cross, 966 F.3d 1061, 1065 (10th Cir. 2020), a case involving the denial of ERISA-governed medical benefits, the three-judge panel including Judges Lucero, Bacharach,…
Sixth Circuit Holds District Court Lacked Authority to Award Attorneys’ Fees and Decide ERISA Claim Subject to Mandatory Arbitration
In UAW International, et al. v. TRW Automotive U.S. LLC, No. 19-2252, __F.App'x__, 2021 WL 926527 (6th Cir. Mar. 11, 2021), the Sixth Circuit considered consolidated appeals where Plaintiffs, retirees…
Claim Under Montana’s Unfair Trade Practices Act for Overcharge on Medical Bill is Preempted by ERISA
In Meyer v. United Healthcare, Ins. Co., No. 20-35407, __F.App’x__, 2021 WL 930258 (9th Cir. Mar. 11, 2021), the Ninth Circuit affirmed the district court’s decision that Plaintiff-Appellant’s claim that…
Medical Providers’ Claims Challenging Rate of Reimbursement from Insurance Company are Not Preempted by ERISA
In an unpublished decision, Emergency Group of Arizona Professional Corporation, et al., v. United Healthcare, Inc., No. 20-15684, __F.App’x__, 2021 WL 816071 (9th Cir. Mar. 3, 2021), the Ninth Circuit…
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