Judge Says Health Care Provider’s Attempt To Amend Complaint ‘Futile’

Mealey's (September 30, 2016, 8:35 AM EDT) -- CHATTANOOGA, Tenn. — A Tennessee federal judge on Sept. 27 ruled that a health care provider’s attempt to file an amended complaint against BlueCross BlueShield of Tennessee Inc. (BCBST) for alleged violations of the Employee Retirement Income Security Act was “futile” and accepted a magistrate judge’s report and recommendation that the action should be dismissed because the plaintiff lacked standing to bring its ERISA claims (Apple Corporate Wellness Inc. v. BlueCross BlueShield of Tennessee Inc., No. 1:15-cv-324, E.D. Tenn.; 2016 U.S. Dist. LEXIS 131929).

(Opinion available....
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