New opinion — an ERISA case

N.J. Brain & Spine v. Aetna — ERISA — reversal — Chagares

The Third Circuit decided an ERISA case today. The opinion was only 9 pages long, making this one of my favorite ERISA opinions ever. (Oh, okay. The court held that a patient’s assignment of benefits to her healthcare provider conferred standing on the provider to sue for those benefits under ERISA.)

Joining Chagares were Hardiman and Shwartz. Arguing counsel were Eric Katz of Mazie Slater for the appellant, Edward Wardell of Connell Foley for the appellee, and Brian Hufford of Zuckerman Spaeder for amicus.

2 thoughts on “New opinion — an ERISA case

  1. Jasper Emiliano Jr.

    This is a big deal, as the district courts in the Circuit were pretty split on this issue. Also, the decision to jettison state law on assignments will do nicely to help providers create assignments that pass muster. All in all, a good outcome.

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