“[T]he only issue before the Court is whether discovery regarding potential class members outside of the state of Pennsylvania is relevant to Plaintiff’s claims under ERISA. Aetna argues that this discovery is irrelevant because Plaintiff’s …
Here, plaintiff seeks damages in the amount of $226,562.62, which it contends make up the unpaid balance of overpayments to Dr. Gupta. BCBSLA’s complaint does not seek a constructive trust or an equitable lien on …
The Court now turns to the heart of the present controversy: whether either party is entitled to summary judgment on Ms. Staropoli’s claims that the Benefits Executive breached its fiduciary duties. A fiduciary may breach …
A surgeon at California Spine performed three surgical procedures on J.R., and then “billed Defendants for these services . . . using his standard rates for such services.” California Spine’s “charges for the surgery totaled …
Provident offers a second theory of liability: equitable lien by agreement. Annual supplemental claims forms, signed and submitted by Messing between 2010 and 2017, contain the following language: “should my claim be overpaid for any …
First Reliance cannot maintain a claim for contribution or indemnification against Armani. In Kim v. Fujikawa, the court concluded that 29 U.S.C. § 1109, as referenced in 29 U.S.C. § 1132(a)(2), “cannot be read as …
It is true that the claims overlap. But where they do, they operate as alternate theories of liability. Pleading multiple causes of action and alternative theories of liability is a standard practice of civil litigation. …
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 …
“As an initial matter, the Court notes that this case is somewhat unusual. As stated above, plans often contain reimbursement provisions which expressly entitle them to seek reimbursement from beneficiaries who receive both plan benefits …
“Ultimately, the Court holds that significant portions of Plaintiff’s claims fail both prongs of the Pascack Valley test, and any portions of Plaintiff’s claims that survive the test, fail to provide a sufficient basis for …