Standing

: : Plaintiff May Proceed On ERISA Claims Challenging Repricing of Provider Claims

Through this matter, Plaintiffs are attempting to stop Defendants allegedly improper practice of underbilling for chiropractic services that Plaintiffs provided to their patients. Presently before the Court are motions to dismiss the First Amended Complaint filed by the . . . Defendants. Plaintiffs allege that the Cigna and Aetna Defendants hired the Vendor Defendants to …

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: : Fourth Circuit Reinstates Claims Against Claims Administrator and Vendor Based Upon Undisclosed Bundling of Fees

The district court erred in granting summary judgment to Aetna, as Peters produced sufficient evidence for a reasonable factfinder to conclude that Aetna was at least a functional fiduciary under ERISA and breached its corresponding fiduciary duties. Specifically, a reasonable factfinder could conclude that Aetna was unjustly enriched when avoiding payment of Optum’s administrative fee …

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:: How To Exclude “Independent Contractors” From Benefit Plans

“The following individuals are ineligible to participate in the Plan: (3) those individuals who are not on the Company payroll (such as consultants and independent contractors), whether or not they are later determined to be employees of the Company,…” Bendsen v. George Weston Bakeries Distrib., 2008 U.S. Dist. LEXIS 74212 (E.D. Mo. Sept. 26, 2008) …

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:: ERISA Plan Claims Dismissed As Jurisdictionally Flawed

Plaintiff also claims it is a fiduciary. However, Plaintiff has offered no authority for this claim, nor does the amended complaint contain allegations that would support this contention. Plaintiff merely alleges that it is an employee welfare benefit plan established and maintained to provide insurance and related benefits to participants and beneficiaries. (Plaintiff’s Amended Complaint, …

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