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Eleventh Circuit Affirms Dismissal of ERISA Benefits Claim for Failure to Plausibly Allege Primary Coverage, but Remands to Permit Amendment

Eleventh Circuit Affirms Dismissal of ERISA Benefits Claim for Failure to Plausibly Allege Primary Coverage, but Remands to Permit Amendment

In Mendoza v. Aetna Life Insurance Company, No. 23-13674, 2026 WL 775293 (11th Cir. Mar. 19, 2026), the Eleventh Circuit affirmed dismissal of an ERISA § 502(a) claim where the…

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Fourth Circuit Affirms Termination of Retiree Welfare Benefits Where Plan Reserved Right to Amend or Terminate

In Fitzwater v. Consol Energy, Incorporated, No. 24-2088, 2026 WL 595435 (4th Cir. Mar. 3, 2026), the Fourth Circuit affirmed a district court’s rulings largely in favor of CONSOL Energy…

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Second Circuit Affirms Denial of Residential Mental Health Treatment and Limits Reach of Wit Under Arbitrary-and-Capricious Review

In Savage v. Rabobank Med. Plan, No. 24-2759-CV, 2026 WL 303600 (2d Cir. Feb. 5, 2026), the Second Circuit affirmed summary judgment in favor of an ERISA medical plan, holding…

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Northern District of California Vacates Prior Remedies and Enters Sweeping Injunctive Relief Against United Behavioral Health for Fiduciary Breaches in Guideline Development

In Wit v. United Behavioral Health, No. 14-CV-02346-JCS, 2026 WL 290352 (N.D. Cal. Feb. 3, 2026), the Northern District of California issued an amended remedies order in this long-running litigation,…

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Ninth Circuit Affirms Denial of ERISA Medical Benefits for Residential Mental Health Treatment Under “Medical Necessity” Guidelines.

In R.R.; E. R. v. California Physicians’ Service, d/b/a Blue Shield of California, No. 24-6337, 2026 WL 207507 (9th Cir. Jan. 27, 2026), Plaintiffs-Appellants R.R. and his son E.R. sued…

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Sixth Circuit Finds Termination of Residential Mental Health Coverage Arbitrary and Capricious Under ERISA but Affirms Dismissal of Parity Act Claim

In T.E. v. Anthem Blue Cross & Blue Shield, No. 25-5407, ---F.4th----, 2026 WL 172050 (6th Cir. Jan. 22, 2026), the Sixth Circuit held that Anthem Blue Cross and Blue…

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