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Ninth Circuit Rejects 'Reprocessing' of Health Claims as ERISA Remedy
Miller & Chevalier Feb. 6, 2023 "In analyzing the plaintiffs' fiduciary breach claim, the Court stated that plaintiffs could 'seek 'appropriate equitable relief' ... The Court found, however, that the plaintiffs and the district court 'did not explain or refer to precedent showing how a 'reprocessing' remedy constitutes relief that was typically available in equity.' Consequently, the Court held that the district court erred in concluding that 'reprocessing' was an available form of 'appropriate equitable relief' under ERISA." [Wit v. United Behav. Health, No. 20-17363 (9th Cir. Jan. 26, 2023)] |
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