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SMITH v. MEDICAL BEN. ADM'RS GROUP, INC.

Case No. 09-C-538.

869 F.Supp.2d 990 (2012)

Jeffrey SMITH, Plaintiff, v. MEDICAL BENEFIT ADMINISTRATORS GROUP, Inc., Defendant.

United States District Court, E.D. Wisconsin.

April 19, 2012.

Attorney(s) appearing for the Case

Douglas P. Dehler, O'Neil Cannon Hollman Dejong & Laing SC, Milwaukee, WI, James E. Miller, Patrick Klingman, Shepherd Finkelman Miller & Shah LLC, Chester, CT, James C. Shah, Shepherd Finkelman Miller & Shah LLC, Media, PA, Paul M. Secunda, Bayside, WI, for Plaintiff.

Kendall W. Harrison, Patricia L. Wheeler, Godfrey & Kahn SC, Madison, WI, Todd G. Smith, Godfrey & Kahn SC, Milwaukee, WI, for Defendant.

DECISION AND ORDER

RUDOLPH T. RANDA, District Judge.

Jeffrey Smith contends that the claims administrator for his workplace health insurance plan, Medical Benefit Administrators Group, Inc. (d/b/a Auxiant), violated the Employee Retirement Income Security Act ("ERISA") when it preauthorized his gastric bypass surgery and then denied his claim for benefits after the surgery took place. In 2009, the Court granted Auxiant's motion to dismiss, reasoning that...

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