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W. A. Griffin v. Coca-Cola Refreshments USA, Inc., et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-10417

Certiorari denied · May 14, 2018

Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether or not a plan administrator and/or plan fiduciary of an ERISA governed welfare benefit plan waived the rights to assert provider antiassignment provisions when plan fiduciaries failed to notify the provider of the anti-assignment provision during the administrative appeals process.' 'Recently, the 11 th circuit has suggested that the State of Georgia does not have a mandatory provider assignment of benefit statue that expressly prohibits provider anti-assigment clauses in health plans. See Georgia § 33-24-54. See Griffin u. Focus Brands, Inc., 635 Fed.Appx. 796(2015); Additionally, even if the State of Georgia has a mandatory assignment of benefit statue, the 11th Circuit has stated that it would not be preempted by ERISA. See Griffin v. Coca-Cola Enterprises. lnc.686 Fed.Appx. 820, 11th Cir.(Ga.), Apr. 27, 2017. As such, the question in this petition focuses on conduct, that waives provider anti-assignment provisions in plan documents.

For petitioner
W. A. Griffin

For respondent
Cavender Crosby Kimble
Balch & Bingham

Conference history
Distributed for 1 conference

May 14 2018
Petition DENIED.
Apr 18 2018
DISTRIBUTED for Conference of 5/10/2018.
Mar 13 2018
Waiver of right of respondent Coca-Cola Refreshments USA, Inc.; United Healthcare Insurance Company to respond filed.
Mar 05 2018
Waiver of right of respondent United Healthcare Insurance Company to respond filed.
Feb 13 2018
Petition for a writ of certiorari before judgment filed. (Response due April 6, 2018)