Sean Nalty

Sean Nalty

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Latest Posts › Federal Rule 12(b)(6)

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The Battle Lines of Mental Health Parity Litigation: Utah District Court Grants Motion to Dismiss, Finds Conclusory Allegations...

On June 5, 2019, in the matter Kerry W. v. Anthem Blue Cross and Shield, No. 2:19cv67, Judge Dee Benson of the U.S. District Court for the District of Utah granted Anthem Blue Cross and Shield’s motion to dismiss the...more

6/18/2019  /  Anthem Blue Cross , Blue Cross , Federal Rule 12(b)(6) , Health Insurance , Mental Health , Mental Health Parity Rule , MHPAEA , Motion to Dismiss

District Court in California Denies Motion to Dismiss, Finds an Independent Review Organization to Be a Functional Fiduciary Under...

In Josef K. v. California Physicians’ Service, No. 18-cv-06385-YGR (U.S. District Court for the Northern District of California, June 3, 2019), Judge Yvonne Gonzalez Rogers concluded that an independent medical review (IMR)...more

6/17/2019  /  Breach of Duty , Denial of Benefits , Employee Retirement Income Security Act (ERISA) , Federal Rule 12(b)(6) , Fiduciary Duty , Health and Welfare Plans , Independent Medical Review , Medical Necessity , Mental Health , Motion to Dismiss
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