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Benefits Litigation: Humana Case May Point to Oncoming Wave

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Things are happening, and they portend an explosion of benefits litigation. Yes, this once-sleepy corner of the employment law forest is buzzing with news, and it came on March 1 from our very own U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—in an en banc decision, which means all the appeals court judges heard the case.

It Starts

Ariana is a teenager. One of her parents works for EyeSys Vision, Inc. As a result, Ariana is covered by the company’s medical insurance, which is provided by Humana Health Plan of Texas.

Sadly, Ariana suffers from eating disorders

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