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ACCESS MEDIQUIP, L.L.C. v. UNITEDHEALTHCARE INS.

No. 10-20868.

698 F.3d 229 (2012)

ACCESS MEDIQUIP, L.L.C., a Texas Limited Liability Company, Plaintiff-Appellant, v. UNITEDHEALTHCARE INSURANCE COMPANY, A Connecticut Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 5, 2012.

Attorney(s) appearing for the Case

D. Brian Hufford (argued), Pomerantz, Haudek, Grossman & Gross, L.L.P., New York City, for Plaintiff-Appellant.

JoAnn Dalrymple , Jackson Walker, L.L.P., Austin, TX, Jonathan D. Hacker (argued), Joanna Lynn Nairn , O'Melveny & Myers, L.L.P., Washington, DC, Paula Denney , Jackson Walker, L.L.P., Houston, TX, Scott M. McElhaney , Jackson Walker, L.L.P., Dallas, TX, for Defendant-Appellee.

Thomas Tso (argued), U.S. Dept. of Labor, Waldemar Jacob Pflepsen, Jr. , Jorden Burt, L.L.P., Washington, DC, Michael Christopher Drew , Sara C. Valentine , Jones Walker , New Orleans, LA, for Amici Curiae.

Before STEWART, Chief Judge, and REAVLEY, JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES and HIGGINSON, Circuit Judges.

PER CURIAM:

The court took en banc this case, which raises questions about the scope of liability of an ERISA plan administrator and fiduciary for allegedly misrepresenting a plan beneficiary's coverage in its advice to a provider of health devices. The vacated panel opinion relied primarily on this court's decisions in Transitional Hosp. v. Blue Cross & Blue Shield of Texas, Inc., 164 F.3d 952 (5th Cir.1999), and Memorial...

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