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U.S. Supreme Court Denies Review Of Eleventh Circuit Ruling That Connecticut Lacked Standing To Sue HMO

 
 

HLD, v. 33, n. 4 (April 2005)

U.S. Supreme Court Denies Review Of Eleventh Circuit Ruling That Connecticut Lacked Standing To Sue HMO

The U.S. Supreme Court denied review of an Eleventh Circuit ruling that the state of Connecticut lacked standing under Article III of the U.S. Constitution to sue various managed care companies under the Employee Retirement Income Security Act (ERISA). Affirming a lower court ruling, the appeals court found that, although the state obtained an assignment from several citizens enrolled in the plans, it "failed to demonstrate that it has suffered or will suffer an actual or imminent invasion of a legally protected interest that is concrete and particularized." The appeals court also held that the state lacked statutory standing under ERISA to sue the plans in its capacity as parens patriae. The Eleventh Circuit's decision is published at 383 F.3d 1258 and summarized at HLD, v. 32, n. 10.

Connecticut v. Anthem Blue Cross and Blue Shield of Conn., cert. denied, No. 04-794, 73 U.S.L.W. 3488 (U.S. Feb. 22, 2005).

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