The case of the day is Lasheen v. Loomis Co. (E.D. Cal. 2017). Mohamed Lasheen, an Egyptian national, was a visiting scholar in the United States in 2000. He enrolled in the Egyptian Embassy’s health care plan. Loomis was the plan’s third-party administered. He was diagnosed with liver cancer, but his claim for coverage for a liver transplant was denied on the grounds that his cancer arose from a preexisting condition. In late 2000 Lasheen died. His estate sued Egypt under ERISA, the statute governing employee benefit plans. He obtained a default judgment against Egypt after the Egyptian government failed to appear at a mandatory status conference (Egypt had no FSIA immunity in light of the commercial activity exception).

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