9th Circuit Largely Favors Claimant In Surgery Coverage, Attorney Fee Disputes

( May 12, 2026, 9:28 AM EDT) -- PASADENA, Calif. — Largely siding with a group health plan participant in an Employee Retirement Income Security Act suit over surgery coverage, the Ninth Circuit U.S. Court of Appeals issued an unpublished memorandum disposition ruling that the trial court correctly applied a deferential standard of review but abused its discretion by denying attorney fees and declining to impose statutory penalties....