Rehearing Sought In 4th Circuit Partial Reversal Of Summary Judgment

Mealey's (July 8, 2021, 1:43 PM EDT) -- RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals “ignored recent Supreme Court precedent governing standing, misapplied the standards governing class certification, and split with two other circuits’ interpretations of ERISA’s prohibited-transactions provisions,” a health insurer and its subcontractor argue in a July 6 petition for panel rehearing or rehearing en banc after most of a North Carolina federal court’s summary judgment on an Employee Retirement Income Security Act case was overturned and its denial of class certification vacated in a decision that was largely in favor of plan participants....