Legal Opinion
Blue Cross & Blue Shield of Alabama v. Weitz
Court of Appeals for the Eleventh Circuit
Decided October 10, 1990No. 89-7004PublishedCited by 25 opinions
1Opinion of the Court
PECKHAM, Senior District Judge:
Defendant Dr. Lawrence J. Weitz appeals from a grant of summary judgment in plaintiffs’ favor in an action to recover payments improperly made by the South Central Bell Medical Expense Plan to Dr. Weitz. As a threshold matter, Weitz contends that the district court lacked subject matter jurisdiction pursuant to section 502 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132.1 Weitz further contends that even if ERISA jurisdiction were proper, principles of equitable restitution, specifically the doctrine of “change of position,”…
2Cases cited20 opinions
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Marie Pierre v. United StatesCourt of Appeals for the Fifth Circuit · 1976
- Luis Martinez v. F. David Mathews, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1976
- Northeast Department Ilgwu Health and Welfare Fund and Sol Hoffman v. Teamsters Local Union No. 229 Welfare FundCourt of Appeals for the Third Circuit · 1985
- Francis Van Orman, on His Own Behalf and on Behalf of a Class of All Participants, Continuing Former Employees, Pensioners, Beneficiaries and Contingent Survivors, as Such Persons Are Defined in the Revised Retirement Plan of the American Insurance Company, American Automobile Insurance Company and Associated Indemnity Corporation ("Tarp") v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Tarp, and Fireman's Fund American Retirement Plan("farp"), Robert P. J. Cooney and Jack B. McCowan Nellie Taylor, Andrew Marsh, Ulice M. Hoover, Peggy Laing, Richard Shultis and Waldermar Ogren, on Their Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated v. The American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, Francis Van Orman, on His Own Behalf and on Behalf of All Participants and Beneficiaries Similarly Situated, and Ulice M. Hoover, Nellie Taylor, Peggy Laing, Andrew Marsh, Richard Shultis, and Waldemar H. Ogren, on Behalf of Those and All Other Persons Similarly Situated, in No. 81-2784. The American Insurance Company, the American Automobile Insurance Company, Theassociated Indemnity Corporation, Fireman's Fund Insurance Company,fireman's Fund American Life Insurance Company, Tarp, and Farp, Robert P. j.cooney and Jack b.mccowan and the American Insurance Company, the American Automobile Insurance Company, the Associated Indemnity Corporation, Fireman's Fund Insurance Company, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, Jack B. McCowan and Tarp, in No. 81-2785 the American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, Fireman's Fund Insurance Company, the Revised Retirement Plan of the American Insurance Company, Fireman's Fund American Retirement Plan, Robert P. J. Cooney and Jack B. McCowan and Fireman's Fund Insurance Company, American Insurance Company, American Automobile Insurance Company, Associated Indemnity Corporation, the Revised Retirement Plan of the American Insurance Company, Associated Indemnity Corporation, Fireman's Fund American Life Insurance Company, Robert P. J. Cooney, and Jack B. McCowan in No. 81-2786Court of Appeals for the Third Circuit · 1982
15 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Pens. Plan Guide P 23910p Central States, Southeast and Southwest Areas Health and Welfare Fund v. Neurobehavioral Associates, P.A.Court of Appeals for the Seventh Circuit · 1995
- Byrd v. Macpapers, Inc.Court of Appeals for the Eleventh Circuit · 1992
- Blue Cross and Blue Shield of Alabama v. WeitzCourt of Appeals for the Eleventh Circuit · 1990
- Brand v. Nat'l Union Fire Ins. Co. of PittsburghCourt of Appeals for the Eighth Circuit · 2019
- First National Life Insurance Company, an Alabama Corporation v. Sunshine-Jr. Food Stores, Inc., a Florida Corporation, First National Life Insurance Company, an Alabama Corporation v. Sunshine-Jr. Food Stores, Inc., a Florida CorporationCourt of Appeals for the First Circuit · 1992
20 more not listed; retrieve them via the Exa API.