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  1. Services
  2. ERISA Litigation

Insights on ERISA Litigation

34 total results. Page 1 of 2.

Alerts
Why Litigation Involving ASCs May Be on the Rise
April 18, 2025
Molly L. Wiltshire, Alison Lima Andersen

Ambulatory surgery centers (ASCs) have become a large and growing part of the health care industry. ASCs offer same-day surgical care, including diagnostic and preventive procedures, and their popularity has recently grown.

Health Care Counsel Blog
Navigating Out-of-Network Claims: Key Takeaways for Providers From Surgery Center Case in New York Federal Court
March 28, 2025
Alison Lima Andersen, Katie Heilman, Hannah Z. Shlaferman

The US District Court for the Eastern District of New York in Manalapan Surgery Ctr., et al. v. 1199 SEIU National Benefit Fund, No. 23-CV-03525 (EDNY March 12, 2025), recently granted a motion to dismiss a complaint filed by four out-of-network ambulatory surgery centers against 1199 SEIU National Benefit Fund.

Press Release
US News and Best Lawyers Rates 35 ArentFox Schiff Practices Among Best in the Country
November 7, 2024

ArentFox Schiff has been nationally recognized with 35 top rankings in the 2025 edition of Best Law Firms®, which honors firms for professional excellence based on consistently positive ratings from clients and peers.

Press Release
More Than 130 ArentFox Schiff Attorneys Recognized by Best Lawyers in 2025
August 16, 2024

ArentFox Schiff is pleased to announce that 135 attorneys have been recognized by The Best Lawyers in America 2025, with two attorneys highlighted as “Lawyers of the Year” and 70 attorneys listed as “Ones to Watch.”

Alerts
No More Surprise Medical Bills: Fifth Circuit Affirms Vacatur of Arbitration Provisions of Surprise Billing Rules (TMA II)
August 7, 2024
Aphrodite Kokolis, Caroline Turner English, Alison Lima Andersen, David S. Greenberg, Molly L. Wiltshire, Jack R. Bierig

On August 2, health care providers scored yet another significant victory when the US Court of Appeals for the Fifth Circuit affirmed the vacatur of various federal regulations regarding the arbitration procedures used to resolve billing disputes between providers and insurers.

Alerts
Sovereign Immunity in Managed Care Litigation: Federal Court Rejects Bid by State Plan Administrator to Dismiss Provider Suit
August 1, 2024
Caroline Turner English, Pascal Naples

On July 19, the US District Court for the Northern District of Texas denied a motion to dismiss Blue Cross Blue Shield of Texas (BCBSTX), which claimed sovereign immunity in a suit brought by a group of providers.

Alerts
Cross-Plan Offsetting: Recent Eighth Circuit Opinion Affirms Dismissal of Cross-Plan Offsetting Case Concluding Plaintiffs Did Not Sufficiently Establish Injury
July 30, 2024
Caroline Turner English, David S. Greenberg, Oluwaseun (Shay) Wells

In a recent opinion, Smith et al. v. UnitedHealth Group Inc. et al., the US Court of Appeals for the Eighth Circuit affirmed the dismissal of an Employee Retirement Income Security Act (ERISA) class action suit brought by health plan participants.

Alerts
Biden Administration Issues Final Rule Expanding ERISA Fiduciary Definition, Enhancing Protections for Pension Plan Participants
May 14, 2024
Caroline Turner English, Alison Lima Andersen

On April 23, the US Department of Labor (DOL) released a final rule significantly expanding the definition of who qualifies as a fiduciary under the Employee Retirement Income Security Act (ERISA) (the Retirement Security Rule or Final Rule).

Press Release
The Legal 500 US 2023 Guide Ranks ArentFox Schiff Attorneys and Practices Among Country’s Best
June 12, 2023

ArentFox Schiff is pleased to announce that 93 attorneys and 21 practices have been ranked by The Legal 500 United States 2023 guide, a nationwide analysis of law firms that provide cutting-edge and innovative advice.

Alerts
Court Holds NC State Health Plan Constitutes “Health Program or Activity,” Granting Summary Judgment for Transgender Plaintiffs With ACA Discrimination Claims
December 13, 2022
Caroline Turner English, Alison Lima Andersen, Pascal Naples

On December 5, 2022, the US District Court for the Middle District of North Carolina held that the North Carolina State Health Plan (NCSHP) constitutes a “Health Program or Activity” under the Affordable Care Act (ACA). In so doing, the court finalized its decision granting summary judgment.

Alerts
Federal District Court Certifies Transgender Discrimination Class Action Against Third-Party Administrator Under the Affordable Care Act
November 21, 2022
Caroline Turner English, Pascal Naples

Earlier this month, the US District Court for the Western District of Washington certified a class of individuals who were denied gender-affirming care by a third-party administrator, Blue Cross Blue Shield of Illinois (BCBSIL).

Press Release
ArentFox Schiff Earns 53 Top-Tier “Best Law Firms” Rankings
November 3, 2022

ArentFox Schiff has been recognized with 53 top rankings in the 2023 edition of US News – Best Lawyers® “Best Law Firms.”

Press Release
77 ArentFox Schiff Attorneys and 19 Practices Recognized Among Nation’s Best by Legal 500
June 14, 2022

The 2022 edition of Legal 500 US has rated 77 ArentFox Schiff attorneys as national leaders in their field. In addition, 19 of the firm’s practice areas were ranked among the best in the country.

Alerts
Ninth Circuit Reverses Decision Requiring Reprocessing of 67,000 Behavioral Health Claims; Hands United Healthcare a Win 
April 5, 2022
Caroline Turner English, Alison Lima Andersen, Alexandra Coppola

The Ninth Circuit Court of Appeals recently reversed the Northern District of California’s landmark decision against UnitedHealth Group Inc.’s behavioral health unit, United Behavioral Health (“UBH”), under which UBH had been ordered to reprocess tens of thousands of behavioral health claims.

Alerts
As It Mulls Whether To Grant Cert in ERISA Case on PBM Fiduciary Liability, Supreme Court Seeks Government's Input
February 8, 2022
Caroline Turner English, Alison Lima Andersen, Margherita A. Capolino

In December, the Supreme Court requested that U.S. Solicitor General Elizabeth Prelogar file a brief in John Doe 1 v. Express Scripts Inc., weighing in on whether the Court should hear a case about prescription drug costs.

Press Release
25 Arent Fox Practices Rated Among Nation’s Best by US News and Best Lawyers
November 15, 2021

Twenty-five Arent Fox LLP practices have been recognized in the 2022 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

Press Release
49 Arent Fox Attorneys and 16 Practices Recognized Among Nation’s Best by Legal 500 in 2021
June 16, 2021

The 2021 edition of Legal 500 US has rated 49 Arent Fox LLP attorneys as national leaders in their field. In addition, 16 of the firm’s practice areas were ranked among the best in the country.

Press Release
53 Arent Fox Attorneys Named The Best Lawyers in America 2021
August 20, 2020

Fifty-three Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2021.

Press Release
43 Arent Fox Attorneys Recognized Among Nation’s Best by Legal 500 in 2020
June 17, 2020

The 2020 edition of Legal 500 US has rated 43 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.

Press Release
US News and Best Lawyers Rates 24 Arent Fox Practices Among Best in the Country
November 2, 2018

WASHINGTON — Twenty-four Arent Fox LLP practices have been recognized in the 2019 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.

Two women talking in an open office
Alerts
Third Circuit Declares Plans May Restrict Providers' ERISA-Assignee Rights
July 26, 2018
Caroline Turner English

The Third Circuit recently affirmed the enforceability of “anti-assignment” provisions in ERISA health plan documents.

Alerts
Fifth Circuit: Complaints Seeking Plan Benefits Need Not Quote Provisions, Especially When Insurers Refuse to Provide Documents
June 27, 2018
Caroline Turner English, Alison Lima Andersen

The Fifth Circuit recently held that plaintiffs seeking benefits, under plans governed by the Employee Retirement Income Security Act of 1974 and non-ERISA plans, need not identify and include specific plan provisions in their complaints to survive motions to dismiss.

Press Release
Fifty Arent Fox Attorneys Recognized Among Nation’s Best by Legal 500 in 2018
May 30, 2018

The 2018 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 18 of the firm’s practice areas were ranked among the best in the country, including new recognition for the firm’s Trademark Litigation and White Collar groups.

Alerts
ERISA Second Circuit Decision Warns Plan Administrators to Strictly Adhere to ERISA Regulations & Plan Terms
April 5, 2018
Caroline Turner English, Rebecca W. Foreman

Health plans and administrators subject to the Employee Retirement Income and Security Act have been warned: failure to comply with ERISA’s procedural requirements may strip them of the deference their benefit determinations enjoy.

Health Care Counsel Blog
The Fifth Circuit Takes a Fresh Look at ERISA Benefit Claims Review Standard
March 16, 2018
Caroline Turner English

In a recent 8-6 en banc decision, Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174, 2018 WL 1096980 (5th Cir. Mar. 1, 2018), the Fifth Circuit Court of Appeals overturned its precedent, to step in line with the majority of other circuits.

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