Legal Opinion
Elite Center for Minimally Invasive Surgery, LLC v. Health Care Service Corp.
District Court, S.D. Texas
Decided October 24, 2016No. CIVIL ACTION NO. 4:15-CV-00954PublishedCited by 11 opinions
1Opinion of the Court
Order of Adoption
Lynn N. Hughes, United States District Judge
On October 4, 2016, Magistrate Judge Stephen Wm. Smith issued a memorandum and recommendation (Dkt. 54) to which the defendant objected (Dkt. 24). After considering the record and the law, the court overrules the objections and adopts the memorandum and recommendation as its memorandum and opinion. Defendant’s motion to dismiss is granted as to Elite’s § 502(c) statutory penalty claims and common law promissory estoppel claims, but denied as to Elite’s claims for benefits under ERISA § 502(a)(1)(B) and state contract law.
MEMORANDUM…
2Cases cited40 opinions
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- Lone Star Fund v (U.S.), L.P. v. Barclays Bank PLCCourt of Appeals for the Fifth Circuit · 2010
- Subaru of America, Inc. v. David McDavid Nissan, Inc.Texas Supreme Court · 2002
- Donovan v. DillinghamCourt of Appeals for the Eleventh Circuit · 1982
- Memorial Hospital System v. Northbrook Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
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3Cited by11 opinions
- Connecticut General Life Insurance Co. v. Humble Surgical Hospital, L.L.C.Court of Appeals for the Fifth Circuit · 2017
- W.A. Griffin v. TeamcareCourt of Appeals for the Seventh Circuit · 2018
- Abraha v. Colonial Parking, Inc.District Court, District of Columbia · 2017
- Innovations Surgery Center, P.C. v. UnitedHealthcare Insurance CompanyDistrict Court, D. Maryland · 2024
- Kamboj v. Shell USA, Inc.District Court, S.D. Texas · 2025
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