O’Melveny Worldwide

Law360: Humana Asks Court To Rethink Keeping ERISA Dispute Alive

July 21, 2022

Humana told US District Judge Rebecca Grady Jennings that she should reconsider the health insurance company’s bid to dismiss a proposed class action alleging that it violated the Employee Retirement Income Security Act. Humana cited the decision in Smith v. CommonSpirit Health, arguing that the plaintiffs must show that their retirement plan fees were disproportionate to the services they received. “Like the plaintiffs in CommonSpirit, plaintiffs here have not alleged facts establishing that any of the plans they cite as comparators paid less for the same recordkeeping services secured by the plan,” Humana said. “Nor do plaintiffs supply any other factual allegations showing that the plan’s recordkeeping fees were unreasonable relative to the specific services the plan received in exchange.” Humana is represented by Brian D. Boyle and Catalina Vergara of O’Melveny & Myers LLP.

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