Court Tosses ERISA Suit Against Blue Cross

Law360 (May 25, 2007, 12:00 AM EDT) -- A court has thrown out a putative class action against Blue Cross Blue Shield of Michigan, finding that participants of its self-insured plans cannot seek restitution of out-of-pocket expenses under a section of the Employee Retirement Income Security Act.

Judge Patrick J. Duggan ruled Wednesday in the U.S. District Court for the Eastern District of Michigan that ERISA does not entitle participants to this kind of remedy of monetary relief.

Plaintiff Anthony Deluca initially filed the action against Blue Cross. He was not seeking individualized relief...
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