2nd Circ. Says High Court Ruling Dooms Health Aides' Suit

Law360 (June 7, 2021, 6:25 PM EDT) -- The Second Circuit refused Monday to revive a case from home health aides who claimed their employers pocketed nearly $23 million of their health plan contributions, rejecting their attempt to distinguish their suit from a benefits case that the U.S. Supreme Court tossed last June.

A three-judge panel found that the three plaintiffs couldn't sustain their proposed Employee Retirement Income Security Act class action because they never claimed their plan refused to or could no longer provide them with health care benefits, noting that the case's outcome wouldn't affect their ability to access benefits either way.

A New York federal judge...

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