5th Circuit Certifies Private Right Of Action Question To Texas Supreme Court

Mealey's (February 25, 2022, 1:24 PM EST) -- HOUSTON — Citing factors including “the closeness of the question,” a Fifth Circuit U.S. Court of Appeals panel on Feb. 23 certified a question to the Texas Supreme Court, asking whether sections in Texas’ emergency care law create an implied private right of action under which emergency doctors can sue an insurer for allegedly failing to reimburse them “for out-of-network emergency care at a ‘usual and customary’ rate.”...