Mealey's (February 5, 2018, 9:35 AM EST) -- NEWARK, N.J. — A New Jersey federal judge on Jan. 30 refused to dismiss two counts in a claimant’s class action lawsuit seeking benefits under an Employee Retirement Income Security Act health plan for her stay at an out-of-network residential psychiatric treatment facility, rejecting the defendants’ argument that the two counts are “merely improper attempts to repackage her claim for benefits” (E.S., by and through her parents and guardians, To.S. and Ti.S., individually, on behalf of similarly situated individuals v. Marsh & McLennan Companies, Inc. Benefits Administration Committee, et al., No. 17-03351, D. N.J.)....