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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...more

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...more

Ninth Circuit Dismisses Claim on Behalf of Welfare Benefit Plan for Lack of Article III Standing

Just this month, the Ninth Circuit revisited the relationship between ERISA and Article III constitutional standing, recently addressed by the U.S. Supreme Court in Thole v. U.S. Bank, 140 S. Ct. 1615. In Winsor v....more

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