“Maybe There’s a Leg to Stand on After All: US Court of Appeals for the Ninth Circuit Allows Non-Health Care Providers to Assert Derivative Standing to Bring Out-of-Network ERISA Claims,” Employee Relations Law Journal
In this article, Jenner & Block Partner Joe Torres, Special Counsel Jennifer Beach, and Associate Jacob Wentzel examine a recent decision by the US Court of Appeals for the Ninth Circuit that may expand the scope of derivative standing. The authors first provide background on out-of-network provider claims. They then discuss the Ninth Circuit’s decision, including the ability of a “successor in interest arising out of the provider’s bankruptcy” to seek reimbursement from insurance companies at the usual, reasonable, and customary rates.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
In this article, Jenner & Block Partner Joe Torres, Special Counsel Jennifer Beach, and Associate Jacob Wentzel examine a recent decision by the US Court of Appeals for the Ninth Circuit that may expand the scope of derivative standing. The authors first provide background on out-of-network provider claims. They then discuss the Ninth Circuit’s decision, including the ability of a “successor in interest arising out of the provider’s bankruptcy” to seek reimbursement from insurance companies at the usual, reasonable, and customary rates.
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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