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NEW YORK PSYCHIATRIC ASS'N v. UNITEDHEALTH GROUP

No. 14-20-cv.

798 F.3d 125 (2015)

NEW YORK STATE PSYCHIATRIC ASSOCIATION, INC., in a representational capacity on behalf of its members and their patients, Michael A. Kamins, on his own behalf and on behalf of his beneficiary son, and on behalf of all other similarly situated health insurance subscribers, Jonathan Denbo, on his own behalf and on behalf of all other similarly situated health insurance subscribers, Shelly Menolascino, M.D., on her own behalf and in a representational capacity on behalf of her beneficiary patients and on behalf of all other similarly situated providers and their patients, Plaintiffs-Appellants, v. UNITEDHEALTH GROUP, UHC Insurance Company, United Healthcare Insurance Company of New York, United Behavioral Health, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission: February 20, 2015.

Decided: August 20, 2015.

Attorney(s) appearing for the Case

D. Brian Hufford , Zuckerman Spaeder LLP, New York, N.Y. ( Jason S. Cowart , Zuckerman Spaeder LLP, New York, N.Y.; Conor B. O'Croinin , Zuckerman Spaeder LLP, Baltimore, MD; Meiram Bendat , Psych-Appeal, Inc., West Hollywood, CA; Anthony F. Maul , The Maul Firm, Brooklyn, N.Y., on the brief), for Plaintiffs-Appellants.

Catherine E. Stetson , Hogan Lovells U.S. LLP, Washington, DC ( Mary Helen Wimberly , Hogan Lovells U.S. LLP, Washington, DC; Richard H. Silberberg , Dorsey & Whitney LLP, New York, N.Y.; Steven P. Lucke , Andrew Holly , Dorsey & Whitney LLP, Minneapolis, MN, on the brief), for Defendants-Appellees.

Before: JACOBS, LIVINGSTON, and LOHIER, Circuit Judges.

Plaintiffs New York State Psychiatric Association, Inc. ("NYSPA"), Jonathan Denbo, and Dr. Shelly Menolascino sued UnitedHealth Group, UHC Insurance Company, United Healthcare Insurance Company of New York, and United Behavioral Health (collectively, "United").1 Relying on §§ 502(a)(1...

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