Block on Trump's Asylum Ban Upheld by Supreme Court
In an action by dentists claiming that defendant health insurer employed a number of practices, such as "improper downcoding" and "improper bundling," as a means of underpaying participating dentists for services they performed, denial of plaintiffs' motion to remand the action is affirmed in part where plaintiffs' allegations implicated not only the "rate of payment" under their provider agreements, but also the "right of payment." However, the order is reversed in part where a trade association did not have standing to sue under ERISA and thus ERISA did not completely preempt plaintiff-association's claims.
Filed December 30, 2009
Opinion by Judge Quist