June 13, 2018 / 9:59 PM / in 6 months

ERISA plaintiffs don’t need plan details to sue - 5th Circuit

A U.S. appeals court has ruled that plaintiffs suing over a failure to provide benefits under the federal law governing employee benefit plans are not required to point to specific provisions of a plan that were allegedly violated to survive a motion to dismiss.

A unanimous three-judge panel of the 5th U.S. Circuit Court of Appeals on Tuesday revived a Texas hospital’s claims that several Blue Cross Blue Shield Association subsidiaries and other insurers failed to pay it in full, or sometimes at all, in violation of the Employee Retirement Income Security Act of 1974.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2JK3KBB

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