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In a somewhat surprising development from the standpoint of timing if nothing else the Biden Justice Department has obtained an indictment of four former Minneapolis Police Officers, including Derek Chauvin, on charges they violated the federal civil rights of George Floyd and thereby caused his death.
Indicted along with Chauvin are three other officers who were at the scene and assisted in arresting Floyd Thou Thao, J. Alexander Kueng, and Thomas Lane.
Chauvin was also indicted in a second unrelated case where he was charged with the same crime in a separate episode. He is alleged to have unlawfully struck a minor suspect several times with a flashlight while holding the suspect by the neck in 2017.
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December 16, 2020 On Tuesday, in the District of Minnesota, District Judge Paul A. Magnuson ruled that the Employment Retirement Income Security Act (ERISA), not state laws, dictated the standard of review for denial of benefits for self-funded plans offered by the Affordable Care Act.
The underlying litigation, as explained in the opinion, involved the mother of a child with depression and anxiety, seeking judicial review of insurer United Healthcare’s decision to deny her son coverage in a wilderness therapy program in Hawaii. As a result of the denial of coverage, the mother received a bill for $49,000.
The mother then sued the insurance company for benefit review and payout, alleging the denial of benefits violated ERISA. The plaintiff averred that the correct standard of review by the court was de novo, pointing to a Minnesota law that states “no health plan…may specify a standard of review upon which a court may review denial of a claim or a