Representative Cases
The appellate and managed care groups represented the firm’s client in consolidated cases involving personal injury claims brought against three managed care entities under the Texas Health Care Liability Act. The cases were successfully removed from state court to federal court but the United States Court of Appeals for the Fifth Circuit reversed the decision, holding that two of the three consolidated cases were not completely preempted by ERISA. The story did not end there, however. The Supreme Court granted certiorari, heard oral argument in March 2004, and unanimously reversed the decisions.
Case / Citation: Roark v. Humana, Inc., 307 F.3d 298 (5th Cir. 2002), rev’d sub nom. Aetna Health Inc. v. Davila, 124 S. Ct. 2488 (2004)
Opinion(s)
- Fifth Circuit Opinion (pdf)
- Supreme Court Opinion (pdf)
Briefing(s)
- Aetna U.S. Healthcare Inc. And Aetna U.S. Healthcare Of North Texas Inc.’s Petition For Panel Rehearing (pdf)
- Aetna U.S. Healthcare Inc. And Aetna U.S. Healthcare Of North Texas Inc.’s Petition For Rehearing En Banc (pdf)
- Brief Of Appellees Aetna U.S. Healthcare Inc. And Aetna U.S. Healthcare Of North Texas Inc. (pdf)
- Reply Brief Of Defendant – Cross-Appellants – Appellees Aetna U.S. Healthcare Inc. And Aetna U.S. Healthcare Of North Texas Inc. (pdf)
- Response To Petition For Rehearing En Banc (pdf)