WinCo Partially Escapes Dialysis Benefit Suit

Law360 (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...

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