Legal Opinion
Smith v. MEDICAL BENEFIT ADMINISTRATORS GROUP, INC.
District Court, E.D. Wisconsin
Decided October 26, 2009No. Case 09-C-538PublishedCited by 1 opinion
1Opinion of the Court
DECISION AND ORDER
RUDOLPH T. RANDA, District Judge.
Jeffrey Smith requested pre-approval for gastric bypass surgery from the third- party administrator of his health insurance plan, Medical Benefit Administrators Inc. (doing business as “Auxiant”). Auxiant pre-approved the procedure; Smith went through with the surgery. After the surgery, Auxiant denied coverage. Smith brought this proposed class action seeking relief under ERISA. Auxiant moves to dismiss for failure to state a claim. For the reasons that follow, this motion is granted.
Smith alleges that Auxiant “routinely fails and refuses to…
2Cases cited10 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Tamayo v. BlagojevichCourt of Appeals for the Seventh Circuit · 2008
- LaRue v. DeWolff, Boberg & Associates, Inc.Supreme Court of the United States · 2008
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3Cited by1 opinion
- Smith v. Medical Benefit Administrators Group, Inc.Court of Appeals for the Seventh Circuit · 2011