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N.R. BY AND THROUGH S.R. v. RAYTHEON CO.

No. 20-1639.

24 F.4th 740 (2022)

N.R., BY AND THROUGH his parents and guardians, S.R. and T.R., individually and on behalf of all others similarly situated, and derivatively on behalf of the Raytheon Health Benefits Plan, Plaintiff, Appellant, v. RAYTHEON COMPANY; Raytheon Health Benefits Plan; William M. Bull, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 31, 2022.

Attorney(s) appearing for the Case

Eleanor Hamburger , with whom Richard E. Spoonemore , Sirianni Youtz Spoonemore Hamburger Pllc, Stephen Churchill , and Fair Work P.C. were on brief, for appellant.

James F. Kavanaugh, Jr. , with whom Catherine M. DiVita , Johanna L. Matloff , and Conn Kavanaugh Rosenthal Peisch & Ford LLP were on brief, for appellees.

Michael N. Khalil , with whom Kate S. O'Scannlain , Solicitor of Labor, G. William Scott , Associate Solicitor for Plan Benefits Security, and Thomas Tso , Counsel for Appellate and Special Litigation, were on brief, for Eugene Scalia , Secretary of Labor, amicus curiae.

Martha Jane Perkins , Daniel Unumb , Abigail Coursolle , and Elizabeth Edwards were on brief for National Health Law Program, Autism Legal Resource Center, LLC, Bazelon Center for Mental Health Law, Center for Health Law & Policy Innovation of Harvard Law School, Center for Public Representation, Disability Rights Education and Defense Fund (DREDF), Health Law Advocates, Inc., National Autism Law Center, and The Kennedy Forum, amici curiae.

Before Howard, Chief Judge, Thompson and Gelpí, Circuit Judges.

Plaintiffs S.R. and T.R. are the parents of N.R., who was four years old at the start of our story. The family had health insurance through T.R.'s employment at defendant Raytheon Company. Raytheon enlisted defendant United Healthcare to administer this health insurance plan (simply called the "Plan" from here on out) and...

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