MASSACHUSETTS LABORERS' HEALTH & WELFARE v. BCBSMA

No. 22-1317.

66 F.4th 307 (2023)

MASSACHUSETTS LABORERS' HEALTH AND WELFARE FUND; Trustees of the Massachusetts Laborers' Health and Welfare Fund, as Fiduciaries, Plaintiffs, Appellants, v. BLUE CROSS BLUE SHIELD OF MASSACHUSETTS, Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 25, 2023.


Attorney(s) appearing for the Case

D. Brian Hufford , with whom Jason S. Cowart , Leila Bijan , Zuckerman Spaeder LLP, Peter K. Stris , John Stokes , and Stris & Maher LLP were on brief, for appellants.

Sarah M. Karchunas , Attorney, Plan Benefits Security Division, Office of the Solicitor, Department of Labor, with whom Seema Nanda , Solicitor of Labor, G. William Scott , Associate Solicitor for Plan Benefits Security, Jeffrey M. Hahn , Counsel for Appellate and Special Litigation, and Robin Springberg Parry , Senior Regulatory Attorney, were on brief, for the Secretary of Labor, amicus curiae.

Jeffrey M. Harris , Steven C. Begakis , and Consovoy McCarthy PLLC on brief for PatientRightsAdvocate.org, Inc. and Families USA, amici curiae.

Evan Miller , with whom David T. Raimer , Joseph P. Falvey , and Jones Day were on brief, for appellee.

Anthony F. Shelley and Miller & Chevalier Chartered on brief for Blue Cross Blue Shield Association, amicus curiae.

Allison S. Egan , Michael E. Kenneally , Deborah S. Davidson , Charles L. Solomont , Henry M. Marley , and Morgan, Lewis & Bockius LLP on brief for ERISA and Trust Law Professors, amici curiae.

Before Gelpí, Lynch, and Thompson, Circuit Judges.


From 2006 to 2022, Blue Cross Blue Shield of Massachusetts ("BCBSMA") served under contract as a third-party administrator (a "TPA") for the self-funded multiemployer group health plan (the "Plan") administered by the Massachusetts Laborers' Health and Welfare Fund (the "Fund"). BCBSMA was also a TPA for other benefit plans...

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