(February 7, 2017, 9:56 AM EST) -- NEW YORK — In a Jan. 31 summary order, a Second Circuit U.S. Court of Appeals panel upheld a New York federal judge’s ruling that a health plan is not entitled to attorney fees under the Employee Retirement Income Security Act because a restitution claim against it was dismissed on summary judgment (Nicholas Scarangella v. Group Health Inc., et al., No. 16-568, 2nd Cir., 2017 U.S. App. LEXIS 1684)....