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ARIANA M. v. HUMANA HEALTH PLAN OF TEXAS, INC.

No. 16-20174.

884 F.3d 246 (2018)

ARIANA M., Plaintiff-Appellant, v. HUMANA HEALTH PLAN OF TEXAS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED March 1, 2018.

Attorney(s) appearing for the Case

Lisa S. Kantor , Managing Senior Counsel, Peter S. Sessions, Esq. , Kantor & Kantor, L.L.P., 19839 Nordhoff Street, Northridge, CA 91324, Amar B. Raval , Plummer Law Group, Suite 270, 4203 Montrose Boulevard, Houston, TX 77006, for Plaintiff-Appellant.

Carlos Ramon Soltero , Cleveland Terrazas, P.L.L.C., Suite 306B, 4611 Bee Cave Road, Austin, TX 78746, Rachael Kelly Padgett , Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C., Suite 1150, 500 W. 5th Street, Austin, TX 78701-0000, for Defendant-Appellee.

Before STEWART, Chief Judge, and JOLLY, JONES, SMITH, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, and COSTA, Circuit Judges.

When an ERISA plan lawfully delegates discretionary authority to the plan administrator, a court reviewing the denial of a claim is limited to assessing whether the administrator abused that discretion. Firestone...

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