No. 19-196

Louisiana Health Service & Indemnity Company, dba Blue Cross Blue Shield of Louisiana v. Encompass Office Solutions, Incorporated

Lower Court: Fifth Circuit
Docketed: 2019-08-14
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: antiassignment-provision authoritative-guidance choice-of-law civil-procedure claim-processing clear-authoritative-guidance erie-doctrine erie-railroad erie-railroad-co-v-tompkins erisa erisa-antiassignment-provision erisa-benefits erisa-waiver federal-court federal-courts liability medical-provider standing state-law statutory-interpretation waiver
Key Terms:
Arbitration ERISA JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a federal court may choose the option that expands liability under state law, absent clear, authoritative guidance from the state's courts

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether a federal court seeking to identify the content of state law pursuant to Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938), may choose the option that expands liability under state law, absent clear, authoritative guidance from the state’s courts. 2. Whether an administrator of a plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) waives application of the plan’s antiassignment provision — with the consequence of enabling a medical provider to bring a lawsuit under ERISA — through the routine processing of a claim for benefits pursued by the provider for an ERISA participant. ii PARTIES TO PROCEEDING AND RELATED CASES Petitioner is Louisiana Health Service & Indemnity Company, doing business as Blue Cross and Blue Shield of Louisiana. It was the Defendant-Appellant below. Respondent is Encompass Office Solutions, Incorporated. It was the Plaintiff-Appellee below. Northern District of Texas, No. 3:11-cv-01471-M, Encompass Office Solutions, Inc. v. Louisiana Health Serv. & Indemnity Co., Final Judgment entered June 6, 2017. Fifth Circuit Court of Appeals, No 17-10736, Encompass Office Solutions, Inc. v. Louisiana Health Serv. & Indem. Co., Opinion & Judgment entered March 19, 2019; Denial of Petition for Rehearing & Rehearing En Banc entered April 16, 2019; Mandate issued April 24, 2019. U.S. Supreme Court, No. 18A1359, Louisiana Health Serv. & Indem. Co. v. Encompass Office Solutions, Inc., Application for Extension of Time granted June 26, 2019.

Docket Entries

2019-10-07
Petition DENIED.
2019-09-13
Brief amici curiae of The American Benefits Council, et al. filed. (Distributed)
2019-08-28
DISTRIBUTED for Conference of 10/1/2019.
2019-08-15
Waiver of right of respondent Encompass Office Solutions, Inc. to respond filed.
2019-08-14
Petition for a writ of certiorari filed. (Response due September 13, 2019)
2019-06-26
Application (18A1359) granted by Justice Alito extending the time to file until August 14, 2019.
2019-06-25
Application (18A1359) to extend the time to file a petition for a writ of certiorari from July 15, 2019 to August 14, 2019, submitted to Justice Alito.

Attorneys

Encompass Office Solutions, Inc.
Richard Barrett Phillips Jr.Thompson & Knight LLP, Respondent
Richard Barrett Phillips Jr.Thompson & Knight LLP, Respondent
Louisiana Health Service & Indemnity Co., d/b/a Blue Cross and Blue Shield of Louisiana
Anthony F. ShelleyMiller & Chevalier Chartered, Petitioner
Anthony F. ShelleyMiller & Chevalier Chartered, Petitioner
The American Benefits Council, The Blue Cross Blue Shield Association, & the ERISA Industry Committee
Meaghan Elizabeth McLaine VerGowO'Melveny & Myers LLP, Amicus
Meaghan Elizabeth McLaine VerGowO'Melveny & Myers LLP, Amicus