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· 5/13/2005

John L. Hill, Francine Barnes, Franchot Barnes, Francesca Barnes, and Glory Celestine v. Blue Cross and Blue Shield of Michigan

Citations

  • 409 F.3d 710
  • 34 Employee Benefits Cas. (BNA) 2633
  • 2005 U.S. App. LEXIS 8446
  • 2005 WL 1282186

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that “only injunctive relief of the type available under § 1132(a)(3)” would remedy violations that were alleged on a plan-wide basis
  • “accept[ing] as true the complaint’s allegations,” the Court “draw[s] all reasonable inferences from them in favor of [the plaintiff]”
  • affirming dismissal pursuant to Fed. R. Civ. P. 12(b)(6) motion where certain plaintiffs had “not sufficiently alleged that they exhausted the administrative remedies available to them.”
  • allowing both § 502(a)(1) and § 502(a)(3) claim where the plaintiffs alleged two separate injuries, one relating to individual denial-of-benefits and the other to plan-wide claims-handling procedures
  • allowing both § 502(a)(1) and § 502(a)(3) claim where the plaintiffs alleged two separate injuries, one relating to individual denial-of- benefits and the other to plan-wide claims-handling procedures
  • “Plaintiffs have not alleged ... that if they utilized the administrative-review procedures ... [the company] would not conduct further review of their individual claims.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Gilman, Gwin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.