§Why CasetextPricing

COOPER v. AETNA HEALTH INC. PA, CORP. et al

MEMORANDUM in Support re MOTION to Certify Class

84 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,950 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

  2. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,155 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

  3. Eisen v. Carlisle Jacquelin

    417 U.S. 156 (1974)   Cited 3,761 times   22 Legal Analyses
    Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

  4. Zenith Corp. v. Hazeltine

    395 U.S. 100 (1969)   Cited 2,446 times   7 Legal Analyses
    Holding that the district court erred when it enjoined a nonparty that was never determined to be in active concert with a defendant

  5. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,087 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  6. Leegin Creative Leather Products, Inc. v. PSKS, Inc.

    551 U.S. 877 (2007)   Cited 459 times   74 Legal Analyses
    Holding that vertical agreements are not per se illegal

  7. In re Prudential Insurance Company

    148 F.3d 283 (3d Cir. 1998)   Cited 1,365 times   8 Legal Analyses
    Holding the district court acted well within its discretion in denying an objector's request for discovery where the objector was able to present his arguments to the court during the fairness hearing and where the court found the objector "had ample opportunity to avail himself of the substantial discovery provided to Lead Counsel but failed to do so, and that additional discovery was unnecessary because [the objector] focused primarily on legal issues"

  8. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,516 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

  9. In re Hydrogen Peroxide Antitrust Litig.

    552 F.3d 305 (3d Cir. 2008)   Cited 908 times   36 Legal Analyses
    Holding that plaintiffs must make more than a mere " threshold showing," they must establish facts " by the preponderance of the evidence"

  10. In re Gen. Motors Corp. Pick-Up Truck Fuel Tank

    55 F.3d 768 (3d Cir. 1995)   Cited 1,136 times   4 Legal Analyses
    Holding that nothing in Rule 23 "can be read to authorize separate, liberalized criteria for settlement classes"

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,923 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,272 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,867 times   60 Legal Analyses
    Specifying prohibited activities

  14. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,825 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  15. Section 1133 - Claims procedure

    29 U.S.C. § 1133   Cited 2,332 times   13 Legal Analyses
    Detailing similar requirements

  16. Section 664 - Theft or embezzlement from employee benefit plan

    18 U.S.C. § 664   Cited 328 times   8 Legal Analyses
    Authorizing criminal penalties for any person that embezzles, steals or converts funds from an ERISA plan

  17. Section 11:21-7.13 - Reserved

    N.J. Admin. Code § 11:21-7.13   Cited 16 times
    Defining "reasonable and customary" charges for small business health plans as "a standard based on the Prevailing Healthcare Charges System profile for New Jersey or other state when services or supplies are provided in such state, incorporated herein by reference published and available from . . . Ingenix, Inc. . . ."

  18. Section 11:24-5.1 - Provision of health care services

    N.J. Admin. Code § 11:24-5.1   Cited 4 times

    (a) The HMO shall, at a minimum, provide or arrange for the provision to its members all basic comprehensive health care services and all other services enumerated in this subchapter and in 26:2J-1 et seq., as it may be amended from time to time. 1. If the HMO refers a member out of network, the service or supply shall be covered as an in-network service or supply, such that the HMO is fully responsible for payment to the provider and the member is only responsible for any applicable in-network level

  19. Section 11:24-9.1 - Policies and procedures

    N.J. Admin. Code § 11:24-9.1   Cited 2 times

    (a) The HMO shall establish and implement written policies and procedures regarding the rights of members and the implementation of these rights. (b) The HMO shall provide each member with a current copy of a member's benefit handbook, including at least: 1. A complete statement of the member's rights; 2. A description of all complaint and grievance procedures, including the address and telephone numbers of the complaint offices of the HMO and of the Department; and 3. A clear and complete summary

  20. Section 11:20-24.5 - Reserved

    N.J. Admin. Code § 11:20-24.5

    N.J. Admin. Code § 11:20-24.5 Reserved by 48 N.J.R. 2153(a), effective 10/17/2016

  21. Section 11:22-5.6 - Out-of-pocket limits

    N.J. Admin. Code § 11:22-5.6

    (a) The following shall apply to individual network, family network and individual out-of-network out-of-pocket limits: 1. Carriers shall track the accumulation of copayment, deductible and coinsurance payments to identify when the out-of-pocket limit has been satisfied, and shall not require covered persons to report payment of copayments, coinsurance or deductible for inclusion in the out-of-pocket limit; 2. All amounts paid as copayment, coinsurance and deductible shall count toward the out-of-pocket