5th Cir.

Aramark Services, Incorporated Group Health Plan v. Aetna Life Insurance Company

April 28, 2026 ·24-40323 ·Per Curiam · By Aisha Johnson

The Fifth Circuit has vacated its own December 2025 panel opinion and ordered an en banc rehearing with oral argument in this ERISA dispute. This procedural order halts the prior judgment's effect while the full court reconsiders the legal issues.

This case involves a dispute between Aramark Services, including its group health plan and benefits committee, and Aetna Life Insurance Company. The matter originated in the United States District Court for the Eastern District of Texas as a civil action under ERISA. A three-judge panel of the Fifth Circuit previously issued an opinion on December 18, 2025, resolving the dispute. However, following the issuance of that panel opinion, a member of the court requested a poll regarding a petition for rehearing en banc. This procedural step triggered a vote among the active circuit judges to determine if the full court should reconsider the case.

The court's reasoning is strictly procedural and rooted in the internal rules of the Fifth Circuit. Under 5th Circuit Rule 41.3, when a majority of the circuit judges in regular active service vote in favor of a petition for rehearing en banc, the court must vacate the prior panel opinion. The court did not address the substantive merits of the ERISA dispute or the legal theories regarding insurance coverage in this order. Instead, the decision reflects the court's determination that the legal questions presented require the collective judgment of the full bench rather than a three-judge panel. The order explicitly states that the cause shall be reheard by the court en banc with oral argument on a date to be fixed.

The immediate effect of this order is to nullify the December 2025 panel decision, meaning the prior judgment is no longer in effect. The parties must now await a new briefing schedule issued by the Clerk for the filing of supplemental briefs. The case will proceed to oral argument before the full Fifth Circuit, at which time the court will issue a new decision on the merits. Until the en banc court issues a new ruling, the legal status of the dispute remains unresolved, and the parties must prepare for further litigation.