GONZALEZ v. BLUE CROSS BLUE SHIELD ASSOCIATION

No. 22-10062.

62 F.4th 891 (2023)

Roslyn GONZALEZ, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. BLUE CROSS BLUE SHIELD ASSOCIATION; Health Care Services Corporation, doing business as Blue Cross Blue Shield of Texas; United States Office of Personnel Management, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED March 13, 2023.


Attorney(s) appearing for the Case

Richard Collins , Arnall Golden Gregory, L.L.P., Washington, DC, Adrian Canzoneri , Theodora Oringher, P.C., Costa Mesa, CA, Amar B. Raval , Berg Plummer Johnson & Raval, L.L.P., Houston, TX, for Plaintiff-Appellant Roslyn Gonzalez.

Adam P. Feinberg, Esq. , Anthony F. Shelley , Miller & Chevalier Chartered, Washington, DC, Barry M. Golden, Esq. , Miller, Egan, Molter & Nelson, Dallas, TX, for Defendant-Appellee Blue Cross Blue Shield Association.

Brian Patrick Kavanaugh , Sidley Austin, L.L.P., Chicago, IL, Kwaku A. Akowuah , Sidley Austin, L.L.P., Washington, DC, for Defendant-Appellee Health Care Services Corporation.

Dawn Whalen Theiss , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendant-Appellee United States Office of Personnel Management.

Before Graves, Willett, and Engelhardt, Circuit Judges.


Roslyn Gonzalez is a former federal employee and participant in a health-insurance plan ("Plan") that is governed by the Federal Employees Health Benefits Act ("FEHBA").1 The Plan stems from a contract between the federal Office of Personnel Management ("OPM") and Blue Cross Blue Shield...

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