In Priddy v. Health Care Service Corp., No. 16-4127 (7th Cir. Aug. 31, 2017), plaintiff sued one of the nation’s largest health insurance providers claiming the defendant violated federal and Illinois law through its use of third party affiliates to provide services.  Plaintiffs asserted defendant’s affiliates overcharged beneficiaries and returned proceeds to defendant through rebates in violation of defendant’s fiduciary duties to the class.  The district court certified a class estimated to include 10 million members.  The class included employers, beneficiaries, direct insurance purchasers in multiple states, and Illinois purchasers.  The Seventh Circuit reversed.  The Seventh Circuit found that whether defendants violated a fiduciary duty is a “context-specific endeavor, because a plan administrator is ‘a fiduciary only to the extent that he acts in such a capacity in relation to a plan.’”  The district court did not engage in this analysis, and it was not clear defendant owed many class members any fiduciary duty at all.  The Seventh Circuit remanded for a determination of the nature and scope of any fiduciary duty.