ERISA Health Care Benefits Action
In Crosby v. La. Health Serv. & Indemn. Co., No. 10-30043, an Employee Retirement Income Security Act action to recover denied health care benefits, the court vacated summary judgment for defendants where the district court denied plaintiff's motion to compel based on an erroneous view of the scope of admissible and discoverable evidence in ERISA actions.
As the court wrote: "Appellant Jete Crosby appeals the district court's summary judgment on her Employee Retirement Income Security Act of 1974 (ERISA) claim to recover denied health care benefits and the magistrate judge's decision to limit discovery. The challenges raised by Crosby require us to determine the scope of admissible evidence and permissible discovery in an ERISA action to recover benefits under 29 U.S.C. § 1132(a)(1)(B)."
- Read the Fifth Circuit's Decision in Crosby v. La. Health Serv. & Indemn. Co., No. 10-30043