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Winning Remand of ERISA Case No Basis for Fee Award, Court Says

June 30, 2020, 12:50 PM

A patient who sued Humana Health Plan Inc. for refusing to fully cover the three months she spent in an eating disorder treatment center isn’t entitled to attorneys’ fees just because she got her case revived on appeal, the U.S. Court of Appeals for the Fifth Circuit ruled.

The court’s May opinion vacating and remanding a decision favoring Humana was a “purely procedural” victory for the patient referred to as Katherine P., the Fifth Circuit said Monday. The court declined to award the patient attorneys’ fees, saying she hadn’t achieved “some degree of success on the merits” and therefore wasn’t...

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