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Marlee Santos

Counsel
Counsel
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Areas of Focus

Overview

Marlee (Waxelbaum) Santos has substantial experience representing clients in all phases of the litigation process, from pre-litigation counseling through trial and appeals in state and federal courts as well as in arbitration and mediation. Marlee’s practice primarily focuses on managed care litigation, representing national health insurance companies and health benefits plans in state, federal, and appellate courts throughout the United States.

As a managed care litigator, Marlee manages cases from inception and has successfully defended claims against insurers, plan administrators, employers, and managed care organizations. She has extensive experience litigating claims under the Employee Retirement Income Security Act and regularly helps client navigate issues involving ERISA, Medicare and Medicaid, payor/provider contract disputes, out-of-network reimbursement disputes, behavioral health disputes, the False Claims Act, and litigation brought under state and federal mental health parity statutes.

Marlee has also defended consumer-facing companies of all types in individual cases and class actions across the country, including rigorous Telephone Consumer Protection Act practice. She has defended multiple Fortune 50 companies in TCPA class actions while consistently obtaining successful outcomes for her clients. Marlee’s practice has also included representing national, regional, and local banks; nonbank lenders; and mortgage-servicing companies in federal and state litigation, including claims under the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Truth in Lending Act, other federal and state consumer protection statutes, and common law. Her complex commercial litigation experience encompasses a variety of practice areas, including bankruptcy, construction, intellectual property, real estate, and related complex civil litigation matters.

Career & Education

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    • University of Georgia, A.B. and B.A., magna cum laude with high honors, Phi Beta Kappa, Foundation Fellowship, 2009
    • University of Virginia School of Law, J.D., 2013
    • University of Georgia, A.B. and B.A., magna cum laude with high honors, Phi Beta Kappa, Foundation Fellowship, 2009
    • University of Virginia School of Law, J.D., 2013

    • Georgia
    • New York
    • California
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. District Court for the Middle District of Georgia
    • U.S. District Court for the Northern District of Georgia
    • U.S. District Court for the Eastern District of New York
    • U.S. District Court for the Southern District of New York
    • U.S. District Court for the Northern District of California
    • Georgia
    • New York
    • California
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. District Court for the Middle District of Georgia
    • U.S. District Court for the Northern District of Georgia
    • U.S. District Court for the Eastern District of New York
    • U.S. District Court for the Southern District of New York
    • U.S. District Court for the Northern District of California

  • Professional Activities and Memberships

    • Member, American Constitution Society for Law and Policy 
    • Advocate, Community Action Fund of Planned Parenthood Orange and San Bernadino Counties

    Professional Activities and Memberships

    • Member, American Constitution Society for Law and Policy 
    • Advocate, Community Action Fund of Planned Parenthood Orange and San Bernadino Counties

Marlee's Insights

Client Alert | 1 min read | 07.31.23

The First Text Cuts the Deepest: Eleventh Circuit Aligns with Other Circuits on TCPA Standing

On July 24, 2023, an en banc Eleventh Circuit joined the majority of circuits to find that just one text is sufficient to establish standing to bring a Telephone Consumer Protection Act (“TCPA”) claim. The decision, Drazen v. Pinto, --- F.4th ---, 2023 WL 4699939 (11th Cir. July 24, 2023), not only undoes the panel’s original holding, but also reverses course from the Eleventh Circuit’s prior decision in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019), which held that a Plaintiff who received a single text message did not have TCPA standing.  ...

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Representative Matters

  • Represented Fortune 50 managed care provider in an ERISA § 1132(a) matter in federal court where plaintiff alleged payor improperly denied benefits relating to Proton Beam Radiation Therapy (PBRT) to treat his prostate cancer. On summary judgment, the court confirmed that records evidenced the payor’s reasonable review and proper reliance on its medical policies, guidelines, and literature, as required by the underlying health benefits plan, in denying the benefits at issue. The court entered judgment in the payor’s favor. 
  • Represented Fortune 50 managed care provider in U.S. Court of Appeals for the Second Circuit, obtaining a unanimous decision that affirmed dismissal of a case against a New York health insurance company involving medical necessity determinations and behavioral health claims under ERISA. 
  • Lead counsel in dozens of case dismissals for major national health insurance companies in federal and state courts in Florida, New York, New Jersey, Ohio, and California involving ERISA claims under § 502(a)(1)(B), breaches of fiduciary duties, and quasi-contractual and fraud claims. 
  • Represented Fortune 50 managed care provider in a TCPA putative class action matter in federal court case regarding prerecorded message calls. Won summary judgment in this first-of-its-kind decision regarding exceptions and exemptions to the TCPA. 
  • Represented Fortune 50 managed care provider in TCPA putative class action matter in federal court case regarding prerecorded calls to Medicaid members. Reached favorable settlement after winning partial summary judgment and multiple discovery disputes.

Marlee's Insights

Client Alert | 1 min read | 07.31.23

The First Text Cuts the Deepest: Eleventh Circuit Aligns with Other Circuits on TCPA Standing

On July 24, 2023, an en banc Eleventh Circuit joined the majority of circuits to find that just one text is sufficient to establish standing to bring a Telephone Consumer Protection Act (“TCPA”) claim. The decision, Drazen v. Pinto, --- F.4th ---, 2023 WL 4699939 (11th Cir. July 24, 2023), not only undoes the panel’s original holding, but also reverses course from the Eleventh Circuit’s prior decision in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019), which held that a Plaintiff who received a single text message did not have TCPA standing.  ...

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Insights

Client Alert | 1 min read | 07.31.23

The First Text Cuts the Deepest: Eleventh Circuit Aligns with Other Circuits on TCPA Standing

Firm News | 2 min read | 07.17.23

Crowell & Moring Honors Recipients of 24th Annual George Bailey Public Service Awards

Publication | 05.18.20

Tenth Circuit Develops New ERISA Rule in Ellis v. Liberty Assurance Company of Boston

Publication | 04.16.20

6th Circ. Ruling Jeopardizes ERISA Exhaustion Defense
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Practices

Industries

Marlee's Insights

Client Alert | 1 min read | 07.31.23

The First Text Cuts the Deepest: Eleventh Circuit Aligns with Other Circuits on TCPA Standing

On July 24, 2023, an en banc Eleventh Circuit joined the majority of circuits to find that just one text is sufficient to establish standing to bring a Telephone Consumer Protection Act (“TCPA”) claim. The decision, Drazen v. Pinto, --- F.4th ---, 2023 WL 4699939 (11th Cir. July 24, 2023), not only undoes the panel’s original holding, but also reverses course from the Eleventh Circuit’s prior decision in Salcedo v. Hanna, 936 F.3d 1162 (11th Cir. 2019), which held that a Plaintiff who received a single text message did not have TCPA standing.  ...

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