CClaimWatch
Defense counsel in 4 cases

Earl B. Austin , III

Baker Botts L.L.P.

Address of record
2001 Ross Avenue, Suite 900, Dallas, TX 75201-2980, 214-953-6542
Email
earl.austin@bakerbotts.com
Phone
(214) 953-6542
Fax
Fax 214-661-4542

Contact details as filed with the court in the cases below.

4
Cases tracked
1 active · 3 settled
—
Plaintiff-side recovery
Disclosed settlement funds
$2M
Defense-side exposure
Resolved in settlements
1
Cases with values
of 4 tracked

Case history

Publicly tracked matters where this attorney is listed as counsel.

Defense counselActive litigation — no settlement yet

Aetna Life Insurance Class Action

A proposed class action against Aetna Life Insurance Company. The nature-of-suit code is civil rights, and the docket indicates class certification briefing is scheduled, but the specific allegations are not stated in the provided text.

Filed
September 10, 2024
Represents
Aetna Life Insurance Company
Defense counselSettled — claims closed

Berton v Aetna Infertility Coverage Settlement

Aetna allegedly denied equal insurance coverage for infertility treatment (IUI, ICI) to LGBTQ+ individuals seeking to get pregnant. While straight couples only needed to attest to 12 months of frequent intercourse to qualify as infertile and receive coverage, LGBTQ+ individuals had to pay out-of-pocket for up to 12 cycles of artificial insemination first to qualify for coverage. Aetna denies wrongdoing and no final court ruling has been made.

Settlement fund
$2M
Claim deadline
June 29, 2026
Represents
Aetna Inc., Aetna Life Insurance Company
Defense counselSettled — claims closed

Lipedema Surgery Settlement (Kazda v. Aetna)

Aetna denied pre-authorization requests and post-service claims for lipedema surgery (liposuction to treat lipedema) between May 9, 2015, and September 1, 2020, classifying the procedures as cosmetic, experimental, or investigational. Aetna has since changed its clinical policy to recognize when lipedema surgery is medically necessary and will cover it going forward.

Claim deadline
Represents
Aetna Life Insurance Company
Defense counselSettled — claims closed

Aetna Optum Admin Fee Settlement

Aetna and Optum allegedly violated ERISA by imposing administrative fees on members of health benefit plans administered by Aetna for chiropractic and physical therapy services. Defendants deny the allegations but agreed to settle the lawsuit to resolve the matter.

“Recovery” and “exposure” refer to total disclosed settlement funds in associated cases, not money personally won or lost by an attorney. Settlements generally resolve disputed allegations without a finding that either side won. Data comes from public court dockets and may be incomplete.