Lee T. Polk Quoted by Law360 in “Health Insurers Suffer Blow as ERISA Shield Is Reinforced”


Lee T. Polk, Of Counsel in the firm's Employee Benefits practice, in the Chicago office, was quoted by Law360 in an article titled “Health Insurers Suffer Blow as ERISA Shield Is Reinforced.” (Read the full article - subscription required.)

Following is an excerpt:

Lee T. Polk, Of Counsel at Epstein Becker Green, said the seesawing legal landscape is reason not to draw firm conclusions from any single decision until circuit courts have had their say.

“Until we get some weighty appellate opinions, I just don’t think you can easily generalize across the country,” Polk said.

Nonetheless, health care companies may have better luck getting classes certified than workers suing over wage issues have, Polk added, citing the immense size of many employee actions and the increased likelihood that individual circumstances will differ.

“A court might not be off-put as quickly by a group of health care providers seeking certification,” he said.

That doesn’t mean certification will come easy. In May, the Pennsylvania Chiropractic Association won an ERISA suit in Illinois federal court against Independence Blue Cross. But U.S. District Judge Matthew F. Kennelly wouldn’t certify a class of all providers with which IBC contracts, saying it wasn’t clear that everyone was treated the same.