Interesting article about the fallout from the Aetna Health Inc. v. Davila case: “Lawsuits against health plans crumble in wake of Supreme Court ruling: Federal appeals courts in New York and Georgia have dismissed cases that they originally said could go forward.” Excerpt:

Two federal appeals courts recently reversed decisions that originally gave subscribers the right to go forward with such cases. The rulings both take into consideration the high court’s June decision that Texas patients could not proceed with their HMO lawsuits. . .

George Parker Young, the Texas attorney who represented the two patients in the case before the Supreme Court this summer, said lawyers have been discussing other claims that could be made against HMOs in state courts.

For example, one Supreme Court justice raised the question of suing under the idea of fiduciary duty.

“It’s going to be an interesting court fight,” Young said.