Virginia Bell Flynn

Virginia is a first chair litigator with a diverse practice, representing clients in the health care and financial services sectors. Her managed health care work is focused on defending insurers, managed care organizations, and plan administrators in complex multiparty and single-plaintiff litigation. Virginia helps clients navigate a range of claims, including bad faith, breach of contract, ERISA, the Mental Health Parity Act (MHPA), out-of-network, and issues arising under common law. As a go-to advisor for some of the largest companies in the U.S., Virginia has litigated matters in more than 21 states.

Virginia also has a long track record of resolving cases involving the Telephone Consumer Protection Act (TCPA), and its state analogues, for both managed health care and consumer financial services clients. She also defends consumer-facing clients against the myriad federal consumer protection statutes, and is particularly experienced with the TCPA. Virginia’s approach is thorough and practical, developing a road map for early resolution through dispositive motion practice, settlement, and other creative means. With experience in the federal and state appellate courts, she helps to position clients for success as they face an increasingly aggressive plaintiffs’ bar.

Virginia is also a co-leader of the Consumer Financial Services practice group’s AI task force.

Health Care

• ABC Services Group, Inc. v. Health Net of California, Inc., et. al., 8:19-cv-00243-DOC (C.D. Cal. June 13, 2022) – Obtained dismissal with prejudice of litigation against Anthem Blue Cross Life and Health Insurance Company, Anthem, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, ValueOptions Federal Services, Inc., and ValueOptions of California, Inc. The plaintiff sought to recover claims on behalf of a closed substance abuse treatment facility. The litigation was initially filed as individual lawsuits in state and federal court against 36 defendants, asserting state law and ERISA claims. The litigation was consolidated in the U.S. District Court for the Central District of California, which granted the defendants’ motion to dismiss the plaintiff’s first amended complaint. On appeal, the Ninth Circuit Court of Appeals affirmed the dismissal of the state law claims and remanded the ERISA claims to the district court, which dismissed the remaining ERISA claims for lack of standing and failure to cite specific plans and plan terms.
• Successfully represented Blue Cross Blue Shield of Georgia, Inc. (dba Anthem Blue Cross Blue Shield) in an ERISA § 1132(a) matter in the Central District of California. The plaintiff alleged Anthem improperly denied benefits relating to Proton Beam Radiation Therapy (PBRT) to treat his prostate cancer. The court confirmed that records evidenced Anthem’s reasonable review and proper reliance on its medical policies, guidelines, and literature, as required by the health benefits plan at issue, in denying the benefits at issue. The court further held that Anthem’s determination that the plaintiff’s PBRT treatment was not covered by the plan was not an abuse of discretion. As such, the court entered judgment in Anthem’s favor. Loren Swearingen v. Westlake Health Care Plan, et. al., 2:20-cv-02052-MCS-JEM (C.D. Cal. August 24, 2021).
• Successfully represented HealthKeepers, Inc. before the Virginia Supreme Court (Court) on the partial denial of a demurrer in a matter where an out-of-network health care provider sought reimbursement for services rendered under Virginia Code § 38.2-3445 which provides payment for emergency services. The Circuit Court agreed with the provider and denied HealthKeeper’s demurrer on this singular issue. The Court sided with HealthKeepers, reversing the Circuit Court’s decision and ruling that the plain text of Virginia Code § 38.2-3445 did not create a private right of action for providers. The Circuit Court had previously granted HealthKeeper’s demurrer to counts of quantum meruit and unjust enrichment, so the Court’s decision fully resolves the case in HealthKeeper’s favor. If the Circuit Court decision had been upheld, this case may have left HealthKeepers open to an array of lawsuits from out-of-network providers.
• Successfully represented Anthem, Inc. and Anthem UM Services, Inc. in an ERISA (§ § 1132(a)(1)(B) and 1132(a)(3)) putative class action matter in the Central District of California, and on the subsequent appeal to the Ninth Circuit, regarding denial of FDA-cleared, but investigational, peripheral nerve stimulation (PNS) treatment. The Court held that plaintiff failed to adequately plead a provision of the plan that was breached, and importantly, that the medical policy was a part of the plan. Marie Fortier v. Anthem, Inc. and Anthem UM Services, Inc., 2:20-cv-004952-MCS, (C.D. Cal. Dec. 12, 2020). The Ninth Circuit unanimously affirmed the District Court’s decision. Marie Fortier v. Anthem Inc. et al., No. 20-56361 (9th Cir. 2021).
• Counsel for nationwide health insurance company in major multidistrict litigation (100+ consolidated class action) involving cybersecurity.
• Counsel to a national health insurance company, numerous state-based health insurance companies, and pharmacies on numerous state and federal compliance issues including TCPA and TSR.
• Successfully represented Anthem, Inc. in a TCPA putative class action matter in the Northern District of Ohio regarding prerecorded message calls. Obtained summary judgment in this first-of-its-kind decision. Adam Savett v. Anthem Inc., 1:18-cv-00274-PAB, 2019 US Dist. Lexis 190955, 2019 WL 5696973 (N.D. Ohio Nov. 4, 2019).
• Reese v. Anthem, Inc., et al., No. 17-07940 (E.D. La. Mar. 12, 2018): Motion to dismiss granted with prejudice in a TCPA putative class action relating to informational health care-related text messages.

Financial and Consumer Law Litigation

• Lindblom v. Santander Consumer USA Inc., Case No. 1:15-cv-00990 (E.D. Cal. January 26, 2018): Defeated Motion for Class Certification in Rosenthal Act class action.
• Sahakian v. Consumer Credit Counseling Service Of Greater Atlanta, Inc., et al, Case No. 3:16cv00219 (S.D. CA 2016) (class case).
• Avila v. United Auto Credit Corporation, Case No. 1:16-cv-04568 (S.D. N.Y. 2016) (class case).
• Mendez v. Price Self Storage Management, Inc., Case No. 3:15cv2077-AJB-JLB (UDSC Southern District of CA, 2015) (class case).
• Counsel for national banking institution in TCPA and FDCPA case in federal court. Successful in moving to dismiss case with prejudice. Lee v. Wells Fargo Home Mortgage, Case No. 3:13cv00034 (W.D. Va. Dec. 13, 2013).
• Counsel for national banking institution in TILA and RESPA in federal court. Successful in moving to dismiss case with prejudice. Burkhead v. Wachovia Home Mortg., Case No. 3:12cv832-JAG, 2013 U.S. Dist. LEXIS 55360 (E.D. Va. April 15, 2013).
• Newman v. AmeriCredit Financial Services, Inc., Case No. 3:11cv3041 (S.D. Cal. 2011).
• Counsel for national banking firm in mortgage litigation case; successfully dismissed a case with prejudice on Rule 12(b)(6) motion.
• First chaired a successful bench trial for a large financial services holding company.
• Counsel for national automobile lender in FCRA suit.
• Counsel for national take-out and delivery pizza restaurant chain in a TCPA putative class action; successful in having class dismissed.
• Counsel for national banking institution in mortgage servicing case in state court. Successful in having the case dismissed with prejudice on demurrer and plea in bar. Successful in defending case on appeal, with case dismissed on procedural grounds.
• Counsel for national collections agency in multiple suits in state court for claims of violation of the FDCPA and abuse of process.
• Counsel for national debt collection agency in federal court for class-action asserted under § 1692 of the FDCPA.
• Counsel for national collections agency in federal court for putative class action for alleged violation of the Fair Debt Collection Practices Act (FDCPA) with regard to collection of garnishment costs in post-judgment collection efforts.
• Counsel for national collections agency in multiple suits in federal court for alleged violations of the FDCPA and the TCPA.
• Counsel for national banking firm in federal court for putative class action for alleged violations of the TCPA and a common law claim of invasion of privacy.
• National counsel for Fortune 200 banking institution with regard to numerous claims asserted under the Magnuson-Moss Warranty Act, FTC Holder Rule, and various state consumer protection statutes in Virginia, Nevada, Michigan, California, Missouri, Ohio, Pennsylvania, New York, and New Jersey.

Complex Litigation

• Counsel for government security and defense contractor in patent infringement action against competitors. Successfully defended against motion to transfer venue for lack of jurisdiction. Ashbury International Group, Inc. v. Cadex Defense, Inc., 2012 U.S. Dist. LEXIS 134878 (W.D. Va. Sept. 20, 2012).
• Counsel for college in federal district court seeking permanent injunction against accrediting body for violations of due process and the Higher Education Act of 1965.
• Represented plaintiff in a successful § 1983 civil rights action alleging malicious prosecution.
• Counsel for a roll-your-own tobacco machinery manufacturer with regard to federal regulations issued by the U.S. Treasury Department.
• Counsel for national banking institution in state court for claim of defamation.
• Counsel for regional banking corporation in state court in shareholder derivative suit.

Counseling and Compliance

• Counsel to a self-storage company on numerous state and federal compliance issues including TCPA and TSR.
• Counsel to numerous financial services companies including national banks, creditors, debt collectors, and debt buyers on numerous state and federal compliance issues, including TCPA and TSR.
• Counsel to a national advertising company on numerous state and federal compliance issues, including TCPA and TSR.
• Counsel to several broadcasting companies on numerous state and federal compliance issues including TCPA and TSR.

• Benchmark Litigation: “Future Litigation Star” in North Carolina (2025)
• Best Lawyers in America®: Commercial Litigation (2024-2025), Consumer Law (2024-2026), Health Care Law (2025-2026), Mass Tort Litigation/Class Actions – Defendants (2024-2026)
• Law360 Rising Star in Consumer Protection Law, 2019
• Emerson G. Spies Award, Young Lawyers Division, Virginia Bar Association, 2012
• Virginia’s oral advocacy skills are not only outlined in her successful representative experience, but at Washington and Lee she served on the Moot Court Executive Board and was an award-winning Mock Trial Competitor in both school-wide and national competitions