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ALVES v. HARVARD PILGRIM HEALTH CARE, INC.

No. 02-1817.

316 F.3d 290 (2003)

JAMES ALVES and Hillel Stavis, Individually and on Behalf of a Class of Persons Similarly Situated, Plaintiffs, Appellants, v. HARVARD PILGRIM HEALTH CARE, INC., Harvard Pilgrim Health Care of New England, Inc., a Massachusetts Corporation, Harvard Pilgrim Health Care of New England, Inc., a Rhode Island Corporation, Harvard Vanguard Medical Associates, Inc., and Pilgrim Health Care, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 21, 2003.

Attorney(s) appearing for the Case

Edward D. Rapacki with whom Ellis & Rapacki LLP and Stuart T. Rossman, National Consumer Law Center, were on brief for appellants.

Michael Arthur Walsh with whom Jennifer J. Aresco, Sandy Se Young Shen and Choate, Hall & Stewart were on brief for appellees.

Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

PER CURIAM.

In this case, two plaintiffs brought an action under ERISA, 29 U.S.C. § 1001 et seq. (2000), on behalf of themselves and class members, against the sponsors of several employee health benefit plans and, in one case, against a related non-profit entity that provides prescription medication to employees covered by one of the plans. The plans have fixed "copayment" requirements (e.g., $5.00 per prescription), and, in some instances, the...

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