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Tenth Circuit Affirms Denial of Residential Treatment Benefits but Reverses Dismissal of Parity Act Claim

Tenth Circuit Affirms Denial of Residential Treatment Benefits but Reverses Dismissal of Parity Act Claim

In E.W. v. Health Net Life Ins. Co., No. 21-4110, __F.4th__, 2023 WL 8042746 (10th Cir. Nov. 21, 2023), Plaintiff-Appellant appealed the district court’s grant of summary judgment to Health…

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Eleventh Circuit Holds ERISA Does Not Impede Multi-District Antitrust Class Settlement Between Blue Cross and Member Plans

In re Blue Cross Blue Shield Antitrust Litig. MDL 2406, No. 22-13051, __F.4th__, 2023 WL 7012247 (11th Cir. Oct. 25, 2023), is a case involving multi-district litigation (MDL) of consolidated…

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Ninth Circuit: Non-Provider Assignee Lacks Standing to Sue Insurance Carriers for Benefits under ERISA

In ABC Services Group, Inc. v. Aetna Health and Life Insurance Company; et al., No. 22-55631, 2023 WL 6532648 (9th Cir. Oct. 6, 2023), the Ninth Circuit affirmed the district…

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Departing from Prior Panel Decisions, Fourth Circuit Holds Surcharge Remedy Is Not Equitable Relief Available under ERISA

In Rose v. PSA Airlines, Inc., No. 21-2207, __F.4th__, 2023 WL 5839282 (4th Cir. Sept. 12, 2023), a dispute involving the wrongful denial of a health insurance claim, the Fourth…

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Take Three: Ninth Circuit Reverses Class Win Against United Behavioral Health

On March 22, 2022, the Ninth Circuit issued an unpublished memorandum in this matter at Wit v. United Behav. Health, No. 20-17363, 2022 WL 850647 (9th Cir. Mar. 22, 2022),…

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Tenth Circuit Holds United Behavioral Health Abused Its Discretion in Denying Payment for Residential Treatment Services for Minor with Mental Health and Substance Use Disorders

In David P. v. United Healthcare Ins. Co., No. 21-4129, 2023 WL 5209748 (10th Cir. Aug. 15, 2023), a dispute over the payment of ERISA-governed health care benefits for residential…

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