Calad v. Cigna Healthcare of Texas Inc.

Fifth Circuit

Calad v. Cigna Healthcare of Texas Inc.

388 F.3d 167

Court of Appeals for the Fifth Circuit·Decided October 12, 2004·No. Nos. 01-10891, 01-10905·Published·Cited by 1 cases

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SMITH and BENAVIDES, Circuit Judges.*

PER CURIAM:

The Supreme Court reversed and remanded this panel’s opinion. See Roark v. Humana, Inc., 307 F.3d 298 (5th Cir.2002), reversed sub nom. Aetna Health Inc. v. Davila, — U.S. -, 124 S.Ct. 2488, 159 L.Ed.2d 312 (2004). We requested and have received letters from the parties advising of their respective positions regarding the appropriate action to be taken by this court on remand. The parties appear to agree that this litigation is at an end. Plaintiffs Calad and Davila have nonsuited their actions in state court.

Accordingly, the appeals are DISMISSED. All costs are taxed against the plaintiffs.

Free access — add to your briefcase to read the full text and ask questions with AI

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SMITH and BENAVIDES, Circuit Judges.*

PER CURIAM:

The Supreme Court reversed and remanded this panel’s opinion. See Roark v. Humana, Inc., 307 F.3d 298 (5th Cir.2002), reversed sub nom. Aetna Health Inc. v. Davila, — U.S. -, 124 S.Ct. 2488, 159 L.Ed.2d 312 (2004). We requested and have received letters from the parties advising of their respective positions regarding the appropriate action to be taken by this court on remand. The parties appear to agree that this litigation is at an end. Plaintiffs Calad and Davila have nonsuited their actions in state court.

Accordingly, the appeals are DISMISSED. All costs are taxed against the plaintiffs.

Calad v. Cigna Healthcare of Texas Inc., 388 F.3d 167 (5th Cir. 2004).

Pincite

388 F.3d 167 (Calad v. Cigna Healthcare of Texas Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Ruby R. Calad, Plaintiff-Appellant-Cross-Appellee, Walter Patrick Thorn, Plaintiff-Cross-Appellee v. Cigna Healthcare of Texas, Incorporated, Doing Business as Healthsource, Doing Business as Cigna Corporation, Aetna U.S. Healthcare Aetna U.S. Healthcare of North Texas, Inc., Defendants-Appellees-Cross-Appellants. Juan Davila v. Aetna U.S. Healthcare, Inc. Aetna U.S. Healthcare of North Texas, Inc.

388 F.3d 167 (Fifth Circuit, 2004)

Opinion

Related