No. 23-1185

In Re W. A. Griffin

Lower Court: N/A
Docketed: 2024-05-02
Status: Denied
Type: Paid
Response Waived
Tags: 11th-circuit-interpretation assignment-of-benefits civil-rights erisa erisa-rights georgia-law georgia-state-law medical-benefit-assignment preemption standing statute-of-limitations statutory-penalties
Key Terms:
Arbitration ERISA Securities JusticiabilityDoctri
Latest Conference: 2024-06-06
Question Presented (AI Summary)

Whether the 11th Circuit's case law has improperly voided assignments of benefits and rights permitted under Georgia state law and ERISA

Question Presented (from Petition)

QUESTIONS PRESENTED Petitioner, W.A. Griffin, M.D., seeks assistance to vacate and set aside illegitimate case law in the 11th Circuit that has destroyed the intent of Georgia state assignment law (§ 33-24-54) and blocked ERISA rights. The issue here is that the 11th Circuit has created case law.that voids assignments of benefits and rights even though those rights are expressly permitted in Georgia State law and supported by US Supreme Court Case law. Dr. Griffin respectfully requests that this court determine: 1, Whether or not Dr. Griffin’s assignment of rights and benefits language is sufficient for all remedies supported by US Supreme Court Case law. 2. Whether or not the 11th Circuit should enforce ERISA statutory penalty statue for ERISA violations ($110 per day for each violation) 3. Whether or not the Statue of Limitations is twenty years in the State of Georgia for ERISA statutory penalties in accordance with OCGA § 9-3-22. 4, Whether or not Georgia Mandatory Assignment of Benefit law is pre-empted by ERISA.

Docket Entries

2024-06-10
Petition DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-06
Waiver of right of respondent Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. to respond filed.
2024-04-30
Petition for a writ of mandamus filed. (Response due June 3, 2024)

Attorneys

Blue Cross Blue Shield Healthcare Plan of Georgia, Inc.
Lindsey B. MannTroutman Pepper Hamilton Sanders LLP, Respondent
Lindsey B. MannTroutman Pepper Hamilton Sanders LLP, Respondent
W.A. Griffin
W.A. Griffin — Petitioner
W.A. Griffin — Petitioner