HLD, v. 33, n. 4 (April 2005)
Court Denies Review Of Eleventh Circuit Ruling That Connecticut Lacked
Standing To Sue HMO
U.S. Supreme Court denied review of an Eleventh Circuit ruling that the state
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.
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).