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California Court Refuses to Decertify Class Action Based on Ninth Circuit's Decision in Wit
Dorsey ERISA
Aug. 14, 2023 "[The court] rejected Aetna's argument that the named plaintiffs' failure to exhaust contractually required administrative remedies precluded them from representing the class. Aetna had categorically concluded that L-ADR surgery was experimental, and thus exhausting administrative remedies was futile.... [By] refusing to even consider whether L-ADR might be appropriate in any case, Aetna effectively repudiated any contractual right it might have to require exhaustion." [Hendricks v. Aetna Life Ins. Co., No. 19-6840 (C.D. Cal. Jul. 25, 2023)] MORE >> |
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