Birmingham Plumbers and Steamfitters Local Union No 91 Health and Welfare Trust Fund v. Blue Cross Blue Shield of Alabama
||Birmingham Plumbers and Steamfitters Local Union No 91 Health and Welfare Trust Fund
||Blue Cross Blue Shield of Alabama
||March 22, 2017
||Alabama Northern District Court
||John H England
|Nature of Suit:
||Employee Retirement Income Security Act of 1974
|Cause of Action:
|Jury Demanded By:
Available Case Documents
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|February 14, 2019
MEMORANDUM OPINION - On April 5, 2018, Plaintiff Birmingham Plumbers and Steamfitters Local Union No. 91 Health and Welfare Trust Fund (the Employer or Plaintiff) moved to alter or amend the judgment pursuant to Fed. R. Civ. P. 59. (Doc. 28 ). Defen dant opposes that motion. (Doc. 31 ). For the reasons stated more fully below, the motion is DENIED. None of Plaintiffs new arguments or evidence show BCBS had a duty to determine Medicare eligibility. Therefore, Plaintiff has not shown a manifest error of law or fact warranting relief under Rule 59. For the reasons stated above, Plaintiffs Rule 59 motion, (doc. 28 ), is DENIED. Signed by Magistrate Judge John H England, III on 2/13/2019. (KEK)
|March 8, 2018
MEMORANDUM OPINION - For the reasons stated above, the motion to dismiss (doc. 8) is GRANTED because the complaint fails to state a claim upon which relief can be granted. FED. R. CIV. P. 12(b)(6). A separate order will be entered. Signed by Magistrate Judge John H England, III on 3/8/2018. (KEK)
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