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Aetna Denied Quick Appeal of Spinal Surgery Class Certification

Oct. 18, 2021, 2:46 PM

Aetna Life Insurance Co. lost its bid to have the Ninth Circuit immediately consider a decision certifying a 239-person class in a lawsuit challenging how it covers certain spinal surgeries.

The U.S. Court of Appeals for the Ninth Circuit on Oct. 15 denied Aetna’s petition for an immediate appeal in the Employee Retirement Income Security Act class action. The court’s one-page order didn’t give an explanation for the decision, other than to note that the court was exercising its discretion.

Aetna wanted the appeals court to undo a June decision in which Judge Cormac J. Carney of the U.S. District ...

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