Legal Opinion
Franks v. Prudential Health Care Plan, Inc.
District Court, W.D. Texas
Decided February 28, 2001No. Civ.A. SA99CA1324FBPublishedCited by 16 opinions
1Opinion of the Court
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ RENEWED MOTION TO DISMISS
BIERY, District Judge.
This case presents issues of first impression within the Fifth Circuit, as well as issues for which there appear to be established precedents. The Court will of course abide by the judicial chain of command in those areas in which there is binding authority. In uncharted Fifth Circuit waters, this Court will seek guidance from reasonableness, common sense and non-binding precedents, and will fathom an educated prediction of what conclusion the appellate court will reach.
Plaintiff Franks was…
2Cases cited67 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
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3Cited by16 opinions
- Arana v. Ochsner Health PlanCourt of Appeals for the Fifth Circuit · 2003
- Zarringhalam v. United Food & Commercial Workers International Union Local 1500 Welfare FundDistrict Court, E.D. New York · 2012
- Borden v. BLUE CROSS AND BLUE SHIELD OF WESTERN NYDistrict Court, W.D. New York · 2006
- Levine v. United Healthcare Corp.District Court, D. New Jersey · 2003
- Humana, Inc. v. Shrader & Assocs., LLPDistrict Court, S.D. Texas · 2018
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