Opinion

Wightman v. Ameritas Life Ins

Court
Court of Appeals for the Fifth Circuit
Filed
Jun 12, 2026
Status
Published
Nature of suit
Private Civil Diversity
Cited by
0 cases
Authority
More cited than 41.0%

The opinion

Case: 24-30775 Document: 144-1 Page: 1 Date Filed: 06/12/2026

United States Court of Appeals

for the Fifth Circuit United States Court of Appeals

Fifth Circuit

____________ FILED

June 12, 2026

No. 24-30775 Lyle W. Cayce

____________ Clerk

Mark Wightman, Doctor of Dental Surgery; Courtney

Wightman, Doctor of Dental Surgery; Wightman Family Dental,

L.L.C.,

Plaintiffs—Appellants,

versus

Ameritas Life Insurance Corporation,

Defendant—Appellee.

______________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:19-CV-11628

______________________________

Before Elrod, Chief Judge, and Higginbotham and Graves, Circuit

Judges.

James E. Graves, Jr., Circuit Judge:

Mark and Courtney Wightman own a small clinic called Wightman

Family Dental. They made a deal with DenteMax to discount their services

to its subscribers in exchange for access to new patients. But unbeknownst to

the Wightmans, DenteMax also made a deal with Ameritas to allow it to pay

DenteMax’s network providers, like the Wightmans, at the same discounted

rates. They discovered this after Ameritas refused to reimburse them at their

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No. 24-30775

standard rates. So, the Wightmans sued DenteMax and Ameritas, alleging

violations of Louisiana’s PPO Act, unjust enrichment, and more. The

district court granted summary judgment to Ameritas, concluding that the

Wightmans abandoned their non-PPO Act claims in a previous appeal and

that they cannot sue under the PPO Act because dental services are not

covered by its definition of healthcare. The Wightmans appeal.

I. Background

A. Factual History

The Wightmans contracted with DenteMax, a Preferred Provider

Organization (“PPO”) that owns a Preferred Provider Network. This

agreement allowed DenteMax to offer the Wightmans’ services at

discounted rates to its network subscribers and in return gave the Wightmans

access to a larger client pool. Wightman v. Ameritas Life Ins. Corp., No. 21-

30148, 2023 WL 2940241, at *1 (5th Cir. Apr. 13, 2023).

In 2012, Ameritas Life Insurance Corp. and DenteMax entered into a

separate agreement which allowed Ameritas to access DenteMax’s network

and reimburse providers, like the Wightmans, at discounted rates. See id.

Thus, Ameritas was able to offer its customers DenteMax’s rates for the

Wightmans’ services.

But the Wightmans did not know about this agreement. When patients

paid for services using Ameritas’ benefit cards, the Wightmans believed they

would be reimbursed at their standard rates. Id. The cards made no mention

of a discount. Id. However, the Wightmans were reimbursed at a discounted

rate and contacted Ameritas, which informed them of the agreement between

it and DenteMax. Id.

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B. Procedural History

The Wightmans sued Ameritas and DenteMax, alleging breach of

contract and violations of Louisiana’s PPO Act. Id. The district court

partially dismissed the Wightmans’ claims, but they filed two amended

complaints and transformed the case into a putative class-action suit. Id. The

district court again dismissed the Wightmans’ claims for statutory violations

and unjust enrichment, concluding that Louisiana law prescribed the suit and

that “but for prescription, they would have had a” claim under the Louisiana

statute. Id. at *2. On appeal, this court certified the question “Are claims

arising under the Louisiana’s Preferred Provider Organization Act, La. R.S.

40:2203.1, delictual or contractual for prescriptive purposes” to the

Louisiana Supreme Court. Id. The Louisiana Supreme Court concluded that

they were contractual and so the Wightmans’ claims were not prescribed. Id.

So we reversed the district court’s dismissal of Ameritas. Id. Meanwhile,

DenteMax settled with the Wightmans.

On remand, the district court granted Ameritas summary judgment.

Specifically, it concluded that dental services are not considered healthcare

services under the PPO Act, so the Wightmans’ claims under the statute

failed. It also concluded that the Wightmans had abandoned their non-PPO

Act claims on the first appeal. Finally, it denied the Wightmans’ request to

amend their complaint and denied a motion for reconsideration.

II. The PPO Act Claims

We turn first to the district court’s grant of summary judgment in

favor of Ameritas on the PPO Act claims.

A. Standard of Review

We review grants of summary judgment de novo. Kerns v. First State

Bank of Ben Wheeler (In re Kerns), 130 F.4th 455, 459 (5th Cir. 2025). “The

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court shall grant summary judgment if the movant shows that there is no

genuine dispute as to any material fact and the movant is entitled to judgment

as a matter of law.” Fed. R. Civ. P. 56(a). We draw all inferences in favor

of the non-moving party and view the record in the light most favorable to it.

Hillman v. Loga, 697 F.3d 299, 302 (5th Cir. 2012). Issues of law, such as

statutory interpretation, are appropriately dealt with at summary judgment.

See Maxim Crane Works, L.P. v. Zurich Am. Ins. Co., 11 F.4th 345, 350 (5th

Cir. 2021).

B. Statutory Framework

The district court granted Ameritas summary judgment on the

Wightmans’ PPO Act claims because it concluded that dental services are

not healthcare under Louisiana law. We disagree.

Louisiana’s PPO Act states that “[a]ny group purchaser may contract

with any provider . . . to form a preferred provider organization.” La. Stat.

Ann. § 40:2203(A). A provider is an entity that offers “health care services

and shall include but not be limited to hospitals, individuals, or groups of

physicians, individuals or groups of psychologists, nurse midwives,

ambulance service companies, and other health care entities.” Id.

§ 40:2202(6). “Any health care entity which is specifically covered by a

group purchaser’s insurance policy . . . shall be construed to be a ‘provider’”

under this Act. Id.

A PPO often allows a group purchaser to reimburse providers at

discounted rates, but it may not do so “unless such organization is clearly

identified on the benefit card issued by the group purchaser or other entity

accessing a group purchaser’s contractual agreement . . . and presented to

the participating provider when medical care is provided.” Id.

§ 40:2203.1(B). A group purchaser is liable to the provider for failure to

comply with this section. Id. § 40:2203.1(G).

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The Wightmans assert that since the benefit cards issued by Ameritas

did not comply with the PPO Act, there is little dispute that Ameritas is liable

if the Act applies. Thus, whether Ameritas is liable to the Wightmans under

the PPO Act turns, in part, on the threshold question of whether dental

services qualify as healthcare under the Act.

C. Rules of Statutory Interpretation

To answer that question, we must interpret the statute. “When

applying state law, we interpret the state statute the way we believe the state

Supreme Court would, based on prior precedent, legislation, and relevant

commentary.” Vielma v. Eureka Co., 218 F.3d 458, 462 (5th Cir. 2000)

(citation modified). Thus, “we use the same methods of statutory

interpretation used by the” Louisiana Supreme Court. Camacho v. Ford Motor

Co., 993 F.3d 308, 311 (5th Cir. 2021).

Under Louisiana’s “civilian methodology,” its “Constitution, codes,

and statutes are of paramount importance.” Jorge-Chavelas v. La. Farm

Bureau Cas. Ins. Co., 917 F.3d 847, 851 (5th Cir. 2019) (citation modified). As

elsewhere, “the interpretation of any statutory provision starts with the

language of the statute itself.” Guerrera v. United Fin. Cas. Co., 161 F.4th 913,

916 (5th Cir. 2025) (citation modified) (quoting Caldwell Par. Sch. Bd. v. La.

Mach. Co., 2012-1383 (La. 1/29/13), 110 So. 3d 993, 996). “When a law is

clear and unambiguous, and its application does not lead to absurd

consequences, it shall be applied as written, with no further interpretation

made in search of the legislative intent.” 84 Lumber Co. v. Cont’l Cas. Co.,

914 F.3d 329, 334 (5th Cir. 2019) (citation modified). But “if the language of

the law is susceptible [to] different meanings, it must be interpreted as having

the meaning that best conforms to the purpose of the law.” Seguin v.

Remington Arms Co., 31 F.4th 311, 316 (5th Cir. 2022) (citation modified).

Courts must consider “the entire statute and all other statutes on the same

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subject matter, and a construction should be placed on the provision in

question which is consistent with the express terms of the statute and with

the obvious intent of the Legislature in its enactment of the statute.” ABL

Mgmt., Inc. v. Bd. of Sup’rs of S. Univ., 2000-0798 (La. 11/28/00), 773 So. 2d

131, 135.

D. Definition of Healthcare Under the PPO Act

The district court initially determined that dental services are

healthcare under the PPO Act, but subsequently reversed course largely

based on the passage of the Network Leasing Act (“NLA”). It reasoned that,

because the NLA governed “fair and transparent dental network

contracting,” the same general subject governed by the PPO Act, it can be

“presume[ed] that dental providers lacked protection” offered by the PPO

Act.

We conclude that dental services are healthcare under the PPO Act

for two reasons. First, the Act’s broad language and healthcare’s historical

usage suggest that dentists are covered under the Act. Second, the NLA

governs different conduct than the PPO Act and so this reading would not

render the two provisions redundant.1

Under the terms of the PPO Act, healthcare providers are entities

that offer healthcare services and “shall include but not be limited to

hospitals, individuals, or groups of physicians, individuals or groups of

psychologists, nurse midwives, ambulance service companies, and other

health care entities.” La. Stat. Ann. § 40:2202(6). When considering

_____________________

1

The Louisiana Department of Insurance (“LDI”) and Louisiana Dental

Association filed amicus briefs in support of the Wightmans. Both amici stress the broad

language of the PPO Act, but the LDI also stresses that the PPO Act and NLA do not

overlap because the NLA applies at the time of contracting and the PPO Act applies at the

point of care.

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whether dentists are included within this definition, we must remember that

general terms in a statute are given their general meaning. Antonin

Scalia & Bryan Garner, Reading Law 101 (2012). Healthcare is

“the services provided, usu[ally] by medical professionals, to maintain and

restore health.” Healthcare, Black’s Law Dictionary (12th ed.

2024). So, if a dentist is a medical professional, they likely are healthcare

providers. And medicine is broadly defined as “[t]he scientific study and

practice of preserving health and treating disease or injury.” Medicine,

Black’s Law Dictionary (12th ed. 2024).

A dentist is “one who is skilled in and licensed to practice the

prevention, diagnosis, and treatment of diseases, injuries, and malformations

of the teeth, jaws, and mouth.” Dentist, Webster’s Ninth New

Collegiate Dictionary (1990). This fits squarely within the ordinary

meaning of healthcare services discussed above. As the Wightmans point out,

dentists “diagnos[e] and treat[] diseases that affect the gums and teeth,”

“perform[] surgical procedures,” and “conduct[] visual examinations,

diagnostic tests, and x-rays.” Ameritas responds by arguing that the PPO

Act should be narrowly construed and that the absence of terms like

“dentist” and “dental” are dispositive. But we cannot ignore the general

meanings that fit within the general terms of the statute. And because the

provision is open-ended and does not contain any exceptions, it seems

unlikely that the legislature intended to exclude dentists from such a broad

definition.

An opinion from the Louisiana Attorney General agrees. In 1994, the

Attorney General explicitly stated “that dentists are covered by the

definition of ‘provider’” under La. Stat. Ann. § 40:2202(6).2 La. Att’y

_____________________

2

Ameritas notes that the Attorney General opinion was adopted five years before

the enactment of La. Stat. Ann. § 40:2203.1 and argues that it is therefore outdated.

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Gen. Op. No. 94-315 (Sept. 22, 1994), 1994 WL 553063, at *2. The

Wightmans also compile numerous examples of how dentists are governed

like ordinary medical doctors under Louisiana’s broader statutory

framework. This evidence, coupled with the ordinary definition of the terms

in the statute, demonstrates that dentists are covered by the PPO Act.

The subsequent adoption of the NLA does not convince us otherwise.

The NLA allows a “contracting entity [to] grant a third party access to a

provider network contract or a provider’s dental services or contractual

discounts pursuant to a provider network contract” provided certain

requirements are met, including that the contract explicitly states that the

contracting entity may do this. La. Stat. Ann. § 22:1172(A), (A)(1).

While the PPO Act contains a private right of action, the NLA is enforced

only by the Louisiana Commissioner of Insurance. Id. § 22:1172(E).

The Wightmans assert that the NLA and PPO Act can be

harmonized because the PPO Act governs actions at the point of care (by

mandating that certain information appear on benefit cards presented to

providers). But, they say, the NLA only governs contract formation.

Ameritas contends that the NLA does apply to post-contract activity (such as

providing notice when a new third party has been granted access to a

network) and that, since it covers the same type of conduct covered under

the PPO Act but for dentists, it is proof that the PPO Act never applied to

dentists in the first place.

We agree with the Wightmans. “[A]ll statutes on the same subject

matter should be read together and interpreted as a whole to effect the

_____________________

But this overlooks the fact “that a word used in different parts of the statute should be

construed to have the identical meaning throughout the entire statute.” United States v.

Est. of Parsons, 367 F.3d 409, 416–17 (5th Cir. 2004) (citation modified).

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legislative intent and should be construed in such a way as to reconcile, if

possible, apparent inconsistencies or ambiguities so that each part is given

effect.” Anthony Crane Rental, L.P. v. Fruge, 2003-0115 (La. 10/21/03), 859

So. 2d 631, 634. While the NLA and PPO Act cover slightly different

interactions, they both fundamentally govern the ability of insurance

companies to contract with third parties to offer discounts on providers’

services. And since Louisiana law has generally treated dentists as healthcare

providers, we, as the Wightmans suggest, read the statutes in pari materia.

Thus, while the NLA imposes certain contracting requirements on entities

like DenteMax, the PPO Act governs what information must be produced on

benefit cards presented at the point of care. These statutes may have similar

goals, but they cover different conduct, so the adoption of the NLA does not

necessarily demonstrate that dentists were not covered under the PPO Act.

Accordingly, we conclude that dental services are healthcare under

the PPO Act, so the district court erred by granting Ameritas summary

judgment on that ground.

E. Remaining Summary Judgment Issues

1. Alternative Grounds for Affirming

The parties make other arguments regarding whether we may affirm

summary judgment of the Wightmans’ PPO Act claims on other grounds.

However, the district court based its ruling on whether the Wightmans were

providers under the Act and largely avoided addressing other issues. “As a

well-established general rule, this court will not reach the merits of an issue

not considered by the district court.” PHH Mortg. Corp. v. Old Republic Nat’l

Title Ins. Co., 80 F.4th 555, 563 (5th Cir. 2023) (citation modified). So, “we

follow that well-traveled path and remand for consideration in the first

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instance.”3 Students for Fair Admissions, Inc. v. Univ. of Tex. at Aus., 142 F.4th

819, 828 (5th Cir. 2025).

2. Judicial Estoppel

The district court did, however, conclude that the Wightmans were

judicially estopped from arguing that the contract between DenteMax and

Ameritas established a PPO, but it did so without articulating a legal

standard and cited only one case.

“We review a district court’s judicial estoppel determination for

abuse of discretion.” In re Superior Crewboats, Inc., 374 F.3d 330, 334 (5th

Cir. 2004). “A court abuses its discretion when it (i) fails to identify and

apply the correct legal standards; or (ii) fails to provide sufficient reasons for

its decision to enable appellate review.” United States v. Ahsani, 76 F.4th 441,

447 (5th Cir. 2023).

“The doctrine of judicial estoppel is equitable in nature and can be

invoked by a court to prevent a party from asserting a position in a legal

proceeding that is inconsistent with a position taken in a previous

proceeding.” Galaz v. Katona (In re Galaz), 841 F.3d 316, 326 (5th Cir. 2016)

(citation omitted). Courts must consider whether: “(1) the party against

whom judicial estoppel is sought has asserted a legal position which is plainly

inconsistent with a prior position; (2) a court accepted the prior position; and

(3) the party did not act inadvertently.” Reed v. City of Arlington, 650 F.3d

571, 574 (5th Cir. 2011) (en banc) (citation modified). But the elements “are

neither inflexible nor exhaustive and numerous considerations may inform

_____________________

3

We note that after oral argument, the parties submitted supplemental letters

addressing some of these arguments. But we express no view on them.

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the doctrine’s application in specific factual contexts.” Galaz, 841 F.3d at

326.

The district court abused its discretion by applying judicial estoppel

without providing sufficient analysis. It failed to articulate the governing

standard, though it seemed to conclude the positions taken by the Wightmans

are inconsistent. But it also made no finding on either the second or third

elements and offered only vague reasoning. And “discretionary choices are

not left to a court’s inclination, but to its judgment; and its judgment is to be

guided by sound legal principles.” Albemarle Paper Co. v. Moody, 422 U.S.

405, 416 (1975) (citation modified). Even if a court may exercise its discretion

equitably, like here, that “hardly means that it is unfettered by meaningful

standards or shielded from thorough appellate review.” Id.

Whether to apply judicial estoppel “is dictated by the specific factual

context.” Carmichael v. Balke (In re Imperial Petroleum Recovery Corp.), 84

F.4th 264, 273 (5th Cir. 2023) (citation modified). Since there is no

“demonstration of what facts and law the district court considered when

exercising its discretion, we are unable to conduct a fair and full appellate

review of the district court’s exercise of its discretion.” Occidental Petroleum

Corp. v. Wells Fargo Bank, N.A., 117 F.4th 628, 646–47 (5th Cir. 2024)

(Ramirez, J., concurring in part and dissenting in part) (citation modified).

We take no view on whether it would be appropriate to apply judicial

estoppel in this case. We only conclude that the district court failed to

adequately explain its reasoning. So, we remand for a more comprehensive

analysis.

III. The Non-PPO Act Claims

The district court next declined to consider any of the Wightmans’

non-PPO Act claims, including their claim for unjust enrichment, because

“in their briefing on appeal, [the Wightmans] only offered passing mention

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to other claims,” so it concluded they were abandoned. The Wightmans

argue “[t]hat conclusion disregarded the Fifth Circuit’s mandate, the

procedural posture on remand, and intervening legal developments requiring

renewed factual and legal determinations.”

The district court’s refusal to consider the Wightmans’ non-PPO Act

claims is problematic for two reasons.

First, this court, not the district court, has the authority to determine

whether to consider issues that may have been forfeited on appeal. After all,

while “we may in our discretion decline to consider issues not raised in an

initial brief,” we may also choose to address them. Est. of Lisle v. Comm’r,

341 F.3d 364, 384 (5th Cir. 2003). Though the district court may properly

decide which issues have been forfeited in the district court, it is inappropriate

for it to decide the same for us.

Second, the district court violated the mandate rule, which “requires

a district court on remand to effect our mandate and to do nothing else.”

Deutsche Bank Nat’l Tr. Co. v. Burke, 902 F.3d 548, 551 (5th Cir. 2018) (per

curiam) (citation modified). While Ameritas certainly argued before this

court that the Wightmans abandoned their unjust enrichment claim, the

Wightmans disputed this. But the panel refused to take a position and simply

reversed “the district court’s grant of partial summary judgment and

dismissal of Ameritas.” Wightman, 2023 WL 2940241, at *2. It

“recognize[d] that the parties [made] additional arguments” but because

“prescription is the dispositive issue for purposes of this summary

judgment[, it] decline[d] to address any additional issues . . . and [made] no

determination as to whether they are properly before this court.” Id. at *2

n.3. Since the panel simply reversed the district court’s order and refused to

decide any other issues, the district court erred by concluding that the

Wightmans had abandoned these claims on appeal. Instead, the district court

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should have reconsidered each of the Wightmans claims in light of our

court’s decision.

A district court may not decide whether issues are forfeited by the

parties in the court of appeals. So, we reverse the district court’s grant of

summary judgment on the non-PPO Act claims and remand for

consideration.

IV. Leave to Amend

Finally, the Wightmans appeal the district court’s denial of their

motion to seek leave to amend their complaint. We review for abuse of

discretion. Rosenzweig v. Azurix Corp., 332 F.3d 854, 863 (5th Cir. 2003).

Given the late stage of the litigation and the lengthy procedural history, we

cannot say the district court abused its discretion.

V. Conclusion

For the foregoing reasons, the district court is REVERSED in part

and AFFIRMED in part, and the case is REMANDED for further

consideration consistent with this opinion.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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