No. 19-980

Ariana M. v. Humana Health Plan of Texas, Inc.

Lower Court: Fifth Circuit
Docketed: 2020-02-05
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: attorney-fees beneficiary-rights civil-rights employee-benefits erisa fee-award health-plan judicial-review legal-success legal-victory standard-of-review
Latest Conference: 2020-06-18 (distributed 2 times)
Question Presented (from Petition)

The question presented is whether a beneficiary achieves "some success on the merits" for purposes of a fee award under ERISA Section 502(g)(1) when she obtains a significant legal victory that increases the likelihood of a favorable benefits determination and that benefits other plan participants and beneficiaries, regardless of whether benefits are ultimately awarded.

Question Presented (AI Summary)

Whether a beneficiary achieves 'some success on the merits' for purposes of a fee award under ERISA Section 502(g)(1) when she obtains a significant legal victory that increases the likelihood of a favorable benefits determination and that benefits other plan participants and beneficiaries, regardless of whether benefits are ultimately awarded

Docket Entries

2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-29
Reply of petitioner Ariana M. filed. (Distributed)
2020-05-15
Brief of respondent Humana Health Plan of Texas, Inc. in opposition filed.
2020-03-24
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2020.
2020-03-23
Motion to extend the time to file a response from April 15, 2020 to May 15, 2020, submitted to The Clerk.
2020-03-16
Response Requested. (Due April 15, 2020)
2020-03-04
DISTRIBUTED for Conference of 3/20/2020.
2020-03-01
Waiver of right of respondent Humana Health Plan of Texas, Inc. to respond filed.
2020-02-05
Petition for a writ of certiorari filed. (Response due March 6, 2020)

Attorneys

Ariana M.
Elizabeth HopkinsKantor & Kantor, LLP, Petitioner
Humana Health Plan of Texas, Inc.
Carlos R. SolteroSoltero Sapire Murrell PLLC, Respondent