Aramark Services v. Aetna Life Ins

Opinion

Case: 24-40323 Document: 187-2 Page: 1 Date Filed: 04/28/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit _____________ FILED April 28, 2026 No. 24-40323 _____________ Lyle W. Cayce Clerk Aramark Services, Incorporated Group Health Plan; Aramark Services Incorporated, formerly known as Aramark Corporation; Aramark Uniform Services, Group Health and Welfare Plan; Aramark Benefits Compliance Review Committee,

Plaintiffs—Appellees,

versus

Aetna Life Insurance Company,

Defendant—Appellant. ________________________________

Appeal from the United States District Court for the Eastern District of Texas USDC No. 2:23-CV-446 ________________________________

ON PETITION FOR REHEARING EN BANC

(Opinion December 18, 2025, 5 Cir.,162 F. 4th 532)

Before Elrod, Chief Judge, and Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges. Case: 24-40323 Document: 187-2 Page: 2 Date Filed: 04/28/2026

No. 24-40323

Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated December 18, 2025, is VACATED.