May 22, 2012

Case Results

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Peay v. BellSouth Medical Assistance Plan

The Tenth Circuit provided an expansive view of ERISA's jurisdiction and venue provisions in Peay v. BellSouth Medical Assistance Plan, 205 F.3d 1206 (10th Cir. 2000). The Firm represented a family and their health care providers who sued to collect unpaid medical expenses. The primary issue in the case involves where suits to enforce ERISA benefits may be brought. The Tenth Circuit holds that ERISA authorizes "nationwide service of process" and that venue (the location a suit is filed) is proper anywhere service of process may be accomplished. Jurisdiction is generally proper anywhere the plaintiff reasonably chooses to sue. The effect of this ruling is to give ERISA plaintiffs greater options about where to bring suit. You can read the Peay opinion by clicking on the Library link on this site.

Awarded: Jurisdiction & Venue in ERISA