5th Circ. To Rehear UnitedHealth Reimbursement Suit

Law360, New York (May 1, 2012, 2:00 PM EDT) -- The Fifth Circuit said Thursday it would rehear en banc a suit alleging a UnitedHealth Group Inc. unit improperly refused to reimburse Texas medical device provider Access MediQuip LLC for services provided under employee retirement plans administered by the insurer.

The court granted UnitedHealthcare Insurance Co.’s Nov. 22 petition to rehear the case after a Fifth Circuit panel unanimously restored state law claims, including negligent misrepresentation and unjust enrichment, that had been tossed by a Texas federal court, which ruled the device provider's claims were preempted...
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