No. 20-242

Norine Sylvia Cave v. Delta Dental of California, et al.

Lower Court: Ninth Circuit
Docketed: 2020-08-28
Status: Denied
Type: Paid
Relisted (2)
Tags: beneficiaries-rights benefits-denial breach-of-fiduciary-duties claim-adjudication erisa erisa-fiduciary-duty fiduciary-duties fiduciary-responsibility medical-records medical-records-withholding plan-administration unauthorized-benefits
Key Terms:
Arbitration ERISA HealthPrivacy Privacy
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (AI Summary)

Whether a covered entity violates ERISA, by improperly denying beneficiaries' rights and further compounds such violations by approving unauthorized benefits while withholding medical records in its entirety, in order to avoid liability and to conceal its breaches of fiduciary duties?

Question Presented (OCR Extract)

Questions Presented 1. Whether a covered entity violates ERISA, by improperly denying beneficiaries’ rights and further compounds such violations by approving unauthorized benefits while withholding medical records in its entirety, in order to avoid liability and to conceal its breaches of fiduciary duties? 2. Where a Plan's fiduciary holds the authority and sole responsibility of adjudicating claims governed by ERISA and fails to follow the terms under the Plan, would a beneficiary have the equal right to challenge a fraudulent claim/determination under the same standard of review as a denied claim for relief pursuant to ERISA §§ 502(a), 502(a)(3)?

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-11-27
Petition for Rehearing filed.
2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-14
DISTRIBUTED for Conference of 10/30/2020.
2020-08-20
Petition for a writ of certiorari filed. (Response due September 28, 2020)

Attorneys

Norine Sylvia Cave
Norine Sylvia Cave — Petitioner
Norine Sylvia Cave — Petitioner