What the Judge Tossed—and What Remains
Judge Bryan trimmed down the case but refused to shut it down. He tossed claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), ruling that the Mayo Clinic’s actions did not rise to the level of organized criminal activity. Allegations of mail and wire fraud also failed for lack of evidence of intent to deceive.
Her claims under the Mental Health Parity Act were also dismissed, with the judge noting she had not shown that mental health care was treated more restrictively than other medical benefits. Similarly, her ERISA claim for underpaid benefits fell short.
But the judge allowed Orrison’s breach of fiduciary duty claims under ERISA to proceed, finding her detailed attempts to obtain reimbursement information persuasive. He also permitted her No Surprises Act claim to move forward, which challenges whether the health plan properly disclosed its in-network providers through a required public database.
Legal Teams on Both Sides
Orrison is represented by Christopher M. Sloot, Dana Vogel, and David Christopher Wright of McCune Law Group APC, along with Joseph A. Larson of Joseph A. Larson Law Firm PLLC.
The Mayo Clinic is defended by Brock Huebner of Dorsey & Whitney LLP, Emily Seymour Costin and Margaret Ellen Saathoff of Alston & Bird, and Steven C. Kerbaugh of Saul Ewing LLP.
MMSI, acquired by Medica in 2017, continues to administer third-party health plans. The Mayo Clinic, headquartered in Rochester, Minnesota, employs more than 60,000 workers.
