AGG Healthcare Litigation partner Matt Lavin was quoted in a December 8, 2023, Law360 article titled “5 Recent ERISA Decisions Attorneys Should Know.”
Matt shared insights on a Ninth Circuit panel’s substituted published opinion in Wit v. United Behavioral Health that tweaked a previous holding that found reprocessing wasn’t a remedy under ERISA. Although the substituted opinion still found that patients in ERISA-regulated health benefit plans administered by United Behavioral Health weren’t entitled to reprocessing of their claims on a class basis without first proving they were owed benefits, the panel held that reprocessing was possible in other cases.
Matt noted these changes were significant for ERISA health claims litigation.
“I think the Ninth Circuit was extremely careful, on its last ruling, to make it clear the Ninth does allow reprocessing as a remedy in an ERISA class action, just not on the facts of Wit,” he said. And by doing so, it eliminated the appearance of any kind of circuit split.”
To read the full article, subscribers to Law360 may click here.