Category: Health and Welfare Plans

California Court Refuses to Decertify Class Action Based on Ninth Circuit’s Decision in Wit

In Wit v. United Behavioral Health, the Ninth Circuit recently rejected a lower court’s order certifying a class of participants in a dispute over behavioral health guidelines used to process claims for benefits. A California district court recently rejected Aetna’s motion to decertify an existing...

Courts Address Participant Standing to Challenge Fees and Payments Received by Group Health Plan Service Providers

As we recently suggested, ERISA disputes over the fees and expenses charged to employer or union sponsored group health plans may well become the next wave in ERISA litigation. At minimum, the Consolidated Appropriations Act of 2021 creates new disclosure obligations on service providers of...

Cross-Plan Offset Claims Dismissed Against UnitedHealth for Lack of Constitutional Standing

The United States Supreme Court’s constitutional standing decision in Thole continues to reverberate throughout ERISA litigation.  In Scott v. UnitedHealth Group, Inc., the United States District Court for the District of Minnesota dismissed challenges to United’s cross-plan offsetting practices because the plaintiffs, plan participants, themselves...