3rd Circ. Revives Device Co. Recoupment Suit Against Aetna

Law360, New York (August 19, 2013, 5:09 PM EDT) -- The Third Circuit on Friday revived a medical device supplier’s suit accusing Aetna Inc. of improperly trying to recoup allegedly improper payments, but judges issued a somewhat narrow ruling that did not examine an eagerly anticipated element of the case involving the application of federal benefit law.

The nonprecedential decision, which was expected to clarify the reach of the Employee Income Retirement Security Act, instead focused on smaller issues, including the conclusion that a district judge gave too much weight to the insurer’s side of the...
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