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NECHIS v. OXFORD HEALTH PLANS, INC.

Docket No. 04-5100-CV.

421 F.3d 96 (2005)

Alexina NECHIS and Doris Mady, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. OXFORD HEALTH PLANS, INC. and TRIAD HEALTHCARE, INC. Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 24, 2005.

Attorney(s) appearing for the Case

Catherine E. Anderson, Giskan & Sokotaroff, New York, New York, for Plaintiffs-Appellants.

Athena R. Tsakanikas, Oxford Health Plans LLC, Trumbull, Connecticut, Karen M. Wahle, Khuong Phan, O'Melveny & Myers LLP, Washington, DC, for Oxford Health Plans, Inc., Defendant-Appellee.

Mark S. Baldwin, Brown Rudnick Berlack Israels LLP, Hartford, Connecticut, for Triad Healthcare, Inc., Defendant-Appellee.

Before: RAGGI, WESLEY, and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

For plaintiffs Alexina Nechis and Doris Mady, members of health insurance plans offered by Oxford Health Plans, Inc., their assorted aches became a legal pain in the neck when their claims for chiropractor coverage were denied. Both Nechis and Mady had selected plans that covered chiropractic treatment from providers outside plan networks and both were treated by out-of-network chiropractors in late 2002. In December of 2002, Oxford had retained...

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