United States Eleventh Circuit

Under ERISA, physician assistants claiming a right to payment do not have derivative standing to sue on behalf of plan participants where they have not received an assignment of claims from the participants, and thus federal court lacks subject matter jurisdiction over their claims.

Appellate Information

• Decided 12/21/2001
• Published 12/21/2001

Judges

• ALARCÓN, Circuit Judge:, Before BIRCH, COX and ALARCÓN, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Royce Allen Ray, III,Finkbohner & Lawler, L.L.C., Mobile, AL, Richard Allen Bearden, Massey & Stotser, P.C., Birmingham, AL, for Plaintiffs-Appellants.


• For Appellees:
  
• Leigh Anne Hodge, Cavender Crosby Kimble, Balch & Bingham, LLP, Birmingham, AL, for Defendant-Appellee.