This week’s notable decision is Religious Sisters of Mercy v. Azar, Case No. 3:16-cv-00386, __F.Supp.3d__, 2021 WL 191009 (D.N.D. Jan. 19, 2021). In these consolidated cases, a coalition of entities affiliated with the Catholic Church and the State of North Dakota challenged the implementation of Section 1557 of the Affordable Care Act (“ACA”) contending that the Department of Health and Human Services (“HHS”) and the Equal Employment Opportunity Commission (“EEOC”) interpreted Section 1557 and related antidiscrimination laws in a way that compelled them to perform and provide insurance coverage for gender transitions and abortions.
Continue Reading Court Grants Catholic Church Permanent Injunction Regarding Coverage of Gender-Transition Procedures
Court Orders Expansive Remedies in Class Actions Challenging Insurer’s Processing of Mental Health Claims
This week’s first notable decision is Wit, et al. v. United Behavioral Health, No. 14-CV-02346-JCS, 2020 WL 6479273 (N.D. Cal. Nov. 3, 2020), where the court issued the remedies in two ERISA class actions, Wit et al. v. United Behavioral Health. and Alexander et al. v. United Behavioral Health.
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District Court Permits Retirees’ Breach of Fiduciary Duty Claim Based on Misrepresentation of Lifetime Health Benefits
This week’s notable decision is the district court opinion in Fitzwater, et al., v. Consol Energy, Inc., et al., No. 1:17-CV-03861, 2020 WL 6231207 (S.D.W. Va. Oct. 22, 2020), a case involving two key issues: (1) whether Plaintiffs, seven former employees of CONSOL Energy, Inc., were misled by ERISA plan fiduciaries about the nature and duration of their health benefits; and (2) whether Defendants discriminated against Plaintiffs based on health status-related factors in violation of ERISA. Specifically, Plaintiffs allege that Defendants made promises of lifetime medical insurance coverage to “non-union miners” and their beneficiaries, while Defendants dispute that any such representations were ever made. Defendants moved to dismiss all seven of Plaintiffs’ causes of action.
Continue Reading District Court Permits Retirees’ Breach of Fiduciary Duty Claim Based on Misrepresentation of Lifetime Health Benefits