ERISA Watch – Self-funded Medical Plan Can Enforce Subrogation Interest in Wrongful-Death Settlement
ERISA Watch – Self-funded Medical Plan Can Enforce Subrogation Interest in Wrongful-Death Settlement
This week’s notable decision, Mackey v. Johnson, No. 16-1886, __F.3d__, 2017 WL 3595504 (8th Cir. Aug. 22, 2017), is a coup for self-funded medical plans and terrible precedent for the…
ERISA Watch – Parent Has Standing under the Affordable Care Act to Challenge Denial of Son’s Gender Reassignment Surgery
This week’s notable decision is Tovar v. Essentia Health, No. 16-3186, __F.3d__, 2017 WL 2259632 (8th Cir. May 24, 2017). In Tovar, Plaintiff is an employee who filed suit against…
ERISA Watch – Procedural Irregularities in Processing of Medical Benefit Claim Results in Exhaustion of Administrative Remedies and De Novo Review
This week’s notable decision is Easter v. Cayuga Med. Ctr. at Ithaca Prepaid Health Plan, No. 514CV1403BKSTWD, __F.Supp.3d__, 2016 WL 6820464 (N.D.N.Y. Nov. 15, 2016). There are a number of…
ERISA Watch – Certified for Interlocutory Appeal at the Third Circuit Is Whether an ERISA Plan’s Reimbursement Terms Supersede a Third Party Attorney’s Claim for Fees
This past week there were a couple of notable decisions in the subrogation/reimbursement context. In UnitedHealth Grp. Inc. v. MacElree Harvey, Ltd., No. CV 16-1026, 2016 WL 5239675 (E.D. Pa.…
ERISA Watch – May 17, 2016
Good morning ERISA Watchers! There were many notable decisions this past week. Of note is the Second Circuit decision in Am. Psychiatric Ass'n v. Anthem Health Plans, Inc., No. 14-3993-CV,…
ERISA Watch – April 12, 2016
We are pleased to report this week's notable decision from our neck of the woods: Kresich v. Metro. Life Ins. Co., No. 15-CV-05801-MEJ, 2016 WL 1298970 (N.D. Cal. Apr. 4,…
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