Plaintiffs have filed an amended complaint and are bringing an action based on a breach of fiduciary duty under ERISA’s 1132(a)(1)(B) and for a Parity Act violation claim under ERISA 1132(a)(3). Defendant United has filed a 12(b)(6) motion to dismiss based on: 1) United is not the proper party defendant; and 2) failure of Plaintiffs to allege facts sufficient to support the Parity Act violation.
Plaintiffs asserting an as-applied claim for discrimination generally must do more than state conceptually that they were treated worse than others. They must allege facts showing how that happened. In other words, they must plead facts involving actual, real-world, discrimination, not just a theoretical possibility. Like other claims involving discrimination, Parity Act claims are necessarily comparative. For example, to plead discrimination under Title VII, plaintiffs must allege facts suggesting that they were treated differently and worse than others who were similarly situated. In other words, plaintiffs must allege facts about their own experience and they must allege facts regarding similarly situated employees who were treated differently….
Plaintiffs’ ‘general assertions’ of differential treatment, ‘without any details whatsoever’ of how Defendant treated comparator medical claims, are ‘insufficient to survive a motion to dismiss.’