News & Analysis as of

Standing Denial of Benefits

Manatt, Phelps & Phillips, LLP

Wit Redux: Ninth Circuit Issues New Superseding Opinion in Landmark Mental Health Case

The Ninth Circuit has issued a new opinion in the long-running Wit v. United Behavioral Health litigation that changes the legal landscape for ERISA class actions. The Ninth Circuit’s opinion includes significant holdings on...more

Butler Snow LLP

All Rise, Sixth Circuit on Standing

Butler Snow LLP on

On September 20, 2018, in Durham v. Martin, et al., 2018 WL 4496404 (6th Cir. 2018), the Sixth Circuit reversed the Middle District of Tennessee’s finding that Jeremy Durham lacked standing to pursue a suit against certain...more

Bowditch & Dewey

Is a Dependent’s Gender Reassignment Covered Under Employer-Sponsored Benefits Plans?

Bowditch & Dewey on

In Tovar v. Essentia Health (U.S. 8th Circuit Court of Appeals, 2017), Brittany Tovar sought and was denied benefits needed for her son’s gender reassignment based on a diagnosis of gender dysphoria, as the Essentia health...more

Seyfarth Shaw LLP

Evidence From LinkedIn, IMDB Used to Support Denial of Benefits

Seyfarth Shaw LLP on

Be careful what you ask for. The Plaintiff in a recent case from the Central District of California learned that lesson when the Plan’s re-evaluation of her claim for benefits revealed that she was apparently working as a...more

Proskauer - Employee Benefits & Executive...

Sub-Assignee Has Standing To Assert ERISA Claims

The Eleventh Circuit held that a sub-assignee’s claim for payment of a chiropractor’s bills against Blue Cross and Blue Shield of Florida were within the scope of ERISA and thus determined that the district court properly...more

Foley & Lardner LLP

Second Circuit Reinstates Mental Health Parity Case Against UnitedHealth

Foley & Lardner LLP on

In late August the U.S. Court of Appeals for the Second Circuit reinstated a lawsuit by a physician association against a third-party plan administrator. The case against UnitedHealth Group and related entities (United) had...more

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