Judge Adopts Report Denying Judgment To Both Parties In Surgery Benefit Case

Mealey's (October 20, 2020, 1:58 PM EDT) -- HOUSTON — A federal judge in Texas on Oct. 5 adopted a magistrate judge’s report recommending denying two motions for summary judgment in an Employee Retirement Income Security Act case, saying a surgery provider had not demonstrated entitlement to full compensation, but a health care plan had not shown that it properly calculated or explained reimbursement (Woodlands Outpatient Surgical Center, et al. v. America Bureau of Shipping Inc. Employee Benefit Plan, No. 17-1476, S.D. Texas, 2020 U.S. Dist. LEXIS 185882)...