5th Circ. Critical Of DOL In Data-For-Insurance ERISA Case

Share on facebook
Share on twitter
Share on linkedin
Share on reddit

By Kellie Mejdrich (January 5, 2022, 10:53 PM EST) — The Fifth Circuit appeared skeptical Wednesday of the U.S. Department of Labor’s challenge to a ruling that federal benefits law covered a company’s offering of health insurance to individuals in exchange for their user data, lobbing questions that indicated the court might avoid tackling whether the insured individuals qualified as employees. 

A three-judge panel in New Orleans heard oral arguments from the DOL and from Data Marketing Partnership LP in the Labor Department’s appeal of a decision by U.S. District Judge Reed O’Connor in September 2020. Judge O’Connor of the Northern District of Texas nixed a DOL advisory opinion and directed the…

Read more