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
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…
Tenth Circuit Holds Oklahoma’s Patient’s Right to Pharmacy Choice Act Is Preempted by Federal Law
In Pharm. Care Mgmt. Ass’n v. Mulready, No. 22-6074, __F.4th__, 2023 WL 5218138 (10th Cir. Aug. 15, 2023), Plaintiff-Appellant Pharmaceutical Care Management Association (PCMA), a trade association representing pharmacy benefit…
District Court Affirms MetLife’s Denial of AD&D Benefits Finding Insured’s Post-Surgical Death From Unintentional Narcotic Overdose Was Not Covered Under The Policy
In Wicks v. Metropolitan Life Insurance Company, No. 4:21-CV-1275-O, 2023 WL 5216493 (N.D. Tex. Aug. 14, 2023), under a de novo standard of review, Texas Northern District Judge Reed O’Connor…
Third Circuit Denies Aetna’s Petition Challenging Certification of ERISA Class Action as Untimely under FRCP 23(f)
In Wolff v. Aetna Life Ins. Co., No. 22-8056, __F.4th__, 2023 WL 5082238 (3d Cir. Aug. 9, 2023), the Third Circuit Court of Appeals denied Defendant-Petitioner Aetna Life Insurance Company's…
Fifth Circuit Allows Multi-Plan ERISA Class Action to Proceed Against Fringe Benefit Group
The Fifth Circuit Court of Appeals decided a class certification dispute in Chavez v. Plan Benefit Services, Inc., et al, No. 22-50368, __F.4th__, 2023 WL 5160393 (5th Cir. Aug. 11,…
District Court Dismisses ERISA Suit For Life Insurance Proceeds Because Insured’s Death from Drug Overdose Was Excluded Under the Policy
In LePino v. Anthem Blue Cross Life & Health Ins. Co., No. 22-CV-4400 (NSR), 2023 WL 5001439 (S.D.N.Y. Aug. 4, 2023), New York Southern District Judge Nelson S. Román granted…
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