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Health Insurance Class Action Today's Popular Updates

Husch Blackwell LLP

Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results

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Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

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A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

UB Greensfelder LLP

What Employers Should Know About Tobacco Surcharge Litigation

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Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection...more

Robins Kaplan LLP

Financial Daily Dose 3.4.2020 | Top Story: Stocks Rebound

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Stocks rebounded with the S&P 500 making gains for the second time in three days and 10-year Treasury yields fell below 1%; analyst suggest the market upswing was caused, in part, by the Democratic primary results showing...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | June 2019 #2

Maine Bill Requires ISPs to Obtain Opt-In Consent from Customers - The Maine legislature has passed a bill that requires internet service providers (ISPs) operating in Maine to obtain express, affirmative consent from...more

Ballard Spahr LLP

Supreme Court Denies Cert Petition in CareFirst v. Attias

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Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

Robinson+Cole Data Privacy + Security Insider

United States Supreme Court Considers Whether to Weigh in on Circuit Split in Data Breach Actions

In October 2017, healthcare insurer, CareFirst, petitioned the United States Supreme Court, requesting the Court to clarify the constitutional standing requirement for plaintiffs seeking to bring claims regarding their...more

Carlton Fields

Fall Data Breach Roundup And 2018 Preview: Supreme Court, OPM, Equifax And More!

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As 2017 draws to a close, data breach class actions abound, while questions regarding what suffices for Article III standing in these cases remain—with litigants hoping the Supreme Court will soon weigh in....more

Orrick, Herrington & Sutcliffe LLP

Will I Get Sued After a Data Breach? D.C. Circuit Broadens Scope of Data That Gives Rise to Identity Theft in CareFirst

In the latest sign that data breach class actions are here to stay—and, indeed, growing—the D.C. Circuit resuscitated claims against health insurer CareFirst BlueCross and Blue Shield, following a 2015 breach that compromised...more

Patterson Belknap Webb & Tyler LLP

Aetna and its Vendor Face Class Action Lawsuit over HIV Disclosure

A Pennsylvania man has filed a class action lawsuit against Aetna Inc., accusing it of violating his privacy rights when the insurer mailed him prescription information in an envelope with a large, clear window that disclosed...more

Moore & Van Allen PLLC

D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

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Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. ...more

Carlton Fields

Are DC Federal Courts the Next Hotbed for Data Breach Class Actions?

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We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue. In...more

Patterson Belknap Webb & Tyler LLP

Federal Appeals Court Says Healthcare Insurer Must Face Data Breach Lawsuit

A federal appeals court earlier this week dealt a blow to healthcare insurer CareFirst, Inc., concluding that a group of customers have the right to pursue a class action data breach lawsuit based on a 2014 cyberattack....more

Ballard Spahr LLP

D.C. Circuit Reverses Data Breach Class Action Dismissal on Standing Grounds

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The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

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The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

McDermott Will & Emery

'Right-Sizing' Full-Time Employees to Reduce ACA Obligations May Lead to ERISA Class Action Exposure

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Compliance with the Affordable Care Act (ACA) has resulted in increased health benefit costs for many employers. A recent court decision demonstrates that while programs to reduce the number of full-time employees may lower...more

Snell & Wilmer

May Companies Reduce Employee Hours to Avoid ACA Requirements?

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The Affordable Care Act (the “ACA”) generally requires that large employers offer health coverage that meets certain requirements to their full-time employees (i.e., employees working 30 hours or more per week) and their...more

Cozen O'Connor

Another Health Plan Hit By Massive CyberAttack and Class Actions Follow

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Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11...more

Robinson & Cole LLP

Multiple class action lawsuits filed against Premera Blue Cross for data breach

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Days following Premera Blue Cross’s public announcement that it had experienced a data breach affecting approximately 11 million, it has been sued five times (as of the time of this writing) in proposed class action lawsuits...more

Benesch

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

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Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

Proskauer Rose LLP

Responding to the Anthem Cyber Attack

Proskauer Rose LLP on

Anthem Inc. (Anthem), the nation's second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of...more

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