Lexology January 8, 2025
Oftentimes, class action defense counsel are faced with herculean challenges, such as plaintiff-friendly jurisdictions, red herrings in the discovery record and courts’ reflexive tendency to dismiss motions to strike as a “rarity.” But hope does spring eternal. This article summarizes five notable court decisions that push back on the plaintiffs’ bar’s plethora of putative managed care class actions.
Wit v. United Behavioral Health, 79 F.4th 1068 (9th Cir. 2023).
The Ninth Circuit Court of Appeals affirmed in part and reversed in part the district court’s judgment in favor of plaintiffs who alleged that United Behavioral Health improperly denied coverage for mental health and substance use disorder treatment based on internal guidelines that were inconsistent with the terms of their ERISA-governed...