GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS; GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS EMPLOYEE WELFARE FUND v. BLUE CROSS BLUE SHIELD OF MICHIGAN - Articles

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GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS; GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS EMPLOYEE WELFARE FUND v. BLUE CROSS BLUE SHIELD OF MICHIGAN

Posted by: Azya Thornton on Jul 28, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Perrin Rynders, VARNUM LLP, Grand Rapids, Michigan, for Appellants.

Attorneys 2: ARGUED: Phillip J. DeRosier, DICKINSON WRIGHT PLLC, Detroit, Michigan, for Appellee.

Attorneys 3: ON BRIEF: Perrin Rynders, Herman D. Hofman, VARNUM LLP, Grand Rapids, Michigan, for Appellants.

Attorneys 4: Phillip J. DeRosier, DICKINSON WRIGHT PLLC, Detroit, Michigan, Scott R. Knapp, Brandon C. Hubbard, DICKINSON WRIGHT PLLC, Lansing, Michigan, for Appellee.

Judge(s): BATCHELDER, MOORE, and BUSH, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Ann Arbor

JOHN K. BUSH, Circuit Judge. The Grand Traverse Band of Ottawa and Chippewa Indians (Grand Traverse Band or the Tribe) and its employee welfare plan (the Plan) allege that Blue Cross Blue Shield of Michigan (Blue Cross) breached fiduciary duties owed to the Tribe under the Employee Retirement Income Security Act (ERISA) and related duties under Michigan state law. According to the amended complaint, Blue Cross submitted false claims to the Tribe, causing the Tribe to overpay for hospital services received by its members and employees. On appeal, the Tribe challenges the district court’s (1) dismissal of its ERISA and common-law claims, (2) grant of summary judgment to Blue Cross on the Michigan Health Care False Claims Act (HCFCA) claim, and (3) denial of the Tribe’s motion for leave to amend its complaint a second time. For the reasons set forth below, we AFFIRM.

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