United States Fifth Circuit
DALLAS COUNTY HOSP. DIST. v. ASSOCIATES' HEALTH AND WELFARE PLAN, 01-10988
A hospital lacked independent standing as a beneficiary in an ERISA claim, but where the plan authorized assignments of benefits to network providers, the hospital sufficiently showed that it may have derivative standing on that basis, thus summary dismissal was improper.
Appellate Information
- Decided 06/19/2002
- Published 06/19/2002
Judges
- CLEMENT, Circuit Judge:, Before DUHÉ, DeMOSS and CLEMENT, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- James M. Orr (argued), Blair Grant Francis, Francis & Orr, Dallas, TX, for Plaintiff-Appellant., Creswell Dean Davis, Paul Matthew O'Neil, Davis & Davis, Austin, TX, for Texas Hosp. Ass'n, Amicus Curiae., Donald P. Wilcox, Texas Medical Ass'n, Austin, TX, for Texas Medical Ass'n, Amicus Curiae.
- For Appellees:
- Leslie Ross Higman (argued), Wal-Mart Stores, Bentonville, AR, for Defendant-Appellee.