Angel Jet Services, LLC v. Cleveland Clinic Employee Health Plan Total Care, 34 F. Supp. 3d 780

AJS is an air ambulance company that transported J.S., the child of Dr. Jason Springer, for a move to Cleveland in July 2010.
Springer enrolled himself, Athena, and J.S. in Cleveland Clinic’s Employee Health Plan Total Care on July 1, 2010.
AJS billed the Plan $340,100; Antares initially approved, then denied payment claiming no pre-approval.
The Plan paid about 10% of the billed charges.
AJS asserts its rights via an assignment from Springer and J.S. to obtain full payment under the Plan.
The Court later determines the only executed assignment is Athena Springer’s to AJS, predating Springer’s coverage under the Plan.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether AJS has standing to pursue ERISA claims against the Plan	AJS is assignee of Springer/J.S. benefits under the Plan	Athena’s assignment predates Plan coverage and cannot vest rights in AJS	AJS lacks standing; dismissal of ERISA claims

DeLisle v. Sun Life Assurance Co. of Canada, 558 F.3d 440 (6th Cir.2009) (arb. and cap. standard; deferential review for plan denials)
Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989) (ERISA standard of review; discretionary authority)
Glenn v. Metro. Life Ins. Co., 461 F.3d 660 (6th Cir.2006) (required factors for review; potential conflicts of interest)
Calvert v. Firstar Fin., Inc., 409 F.3d 286 (6th Cir.2005) (reasonableness of decision under arbitrary and capricious review)
Loren v. Blue Cross & Blue Shield of Mich., 505 F.3d 598 (6th Cir.2007) (standing as a jurisdictional issue; raised sua sponte)
West Broad Chiropractic v. American Family Insurance, 122 Ohio St.3d 497 (Ohio 2009) (assignment of rights not yet vested cannot occur; pre-vesting)