WinCo Partially Escapes Dialysis Benefit Suit

By Emily Brill (July 15, 2019, 9:20 PM EDT) -- Winco Foods LLC must face a pared-down version of a lawsuit accusing it of effectively eliminating in-network dialysis coverage from its employee benefit plan, with an Idaho federal judge denying and granting in part its motion to dismiss the case on Friday.

U.S. District Judge Candy W. Dale allowed a state-law negligent misreprentation claim against Winco to proceed while dismissing two claims brought under the Employee Retirement Income Security Act and one brought under the Medicare Secondary Payer Act.


She gave the plaintiffs — a group of dialysis treatment providers led by DaVita Inc. — another shot at bringing their...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!