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CHOROSEVIC v. METLIFE CHOICES

No. 09-1880.

600 F.3d 934 (2010)

Diane CHOROSEVIC; Lawrence Chorosevic, on behalf of themselves and all others similarly situated, Appellants, v. METLIFE CHOICES; Metropolitan Life Insurance Company; United Healthcare Insurance Company; United Healthcare of Alabama, Inc.; United Healthcare of Arizona, Inc.; United Healthcare of Arkansas, Inc.; United Healthcare of Colorado, Inc.; United Healthcare of Florida, Inc.; United Healthcare of Georgia, Inc.; United Healthcare of Illinois, Inc.; United Healthcare of Kentucky, Inc.; United Healthcare of Louisiana, Inc.; United Healthcare of Mid-Atlantic, Inc.; United Healthcare of the Midlands, Inc.; United Healthcare of the Midwest, Inc.; United Healthcare of Mississippi, Inc.; United Healthcare of New England, Inc.; United Healthcare of New Jersey, Inc.; United Healthcare of New York, Inc.; United Healthcare of North Carolina, Inc; United Healthcare of Ohio, Inc.; United Healthcare of Tennessee, Inc.; United Healthcare of Texas, Inc.; United Healthcare of Utah, Inc.; United Healthcare of Wisconsin, Inc.; Uniprise, Inc.; United Healthcare Service Corporation; United Healthgroup, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2010.

Attorney(s) appearing for the Case

Paul Timothy Slocomb, argued, St. Louis, MO, for Appellant.

Stanley G. Schroeder, argued, St. Louis, MO, Charles H. Morgan, St. Louis, MO, James K. Gardner, Athanasios Papadopoulos, John J. Scharkey, Chicago, IL, on the brief, for Appellee.

Before RILEY, Chief Judge, WOLLMAN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Appellant Lawrence Chorosevic pursues this ERISA2 action on behalf of himself and others similarly situated, alleging that Appellees improperly calculated secondary health benefits owed to him for services rendered in 2004. The district court3 denied class certification and granted Appellees' motion for summary judgment due to Chorosevic's failure to exhaust available administrative remedies...

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