Calad v. Cigna Healthcare of Texas Inc.

Fifth Circuit

Calad v. Cigna Healthcare of Texas Inc.

388 F.3d 167

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 12, 2004

DocketNos. 01-10891, 01-10905

StatusPublished

Cited by1 cases

This text of 388 F.3d 167 (Calad v. Cigna Healthcare of Texas Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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.

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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.

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)

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388 F.3d 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calad-v-cigna-healthcare-of-texas-inc-ca5-2004.

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