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Monthly Archives: August 2016

Demer v. IBM Corp.

(United States Ninth Circuit) – In an ERISA action against defendants IBM and claim administrator Metropolitan Life Insurance Co. (MetLife), the district court’s entry of summary judgment for defendants is reversed where MetLife abused its discretion in denying plaintiff’s claim for long-term disability benefits in…

Morris B. Silver, Inc. v. Int’l Longshore and Warehouse

(California Court of Appeal) – In an insurance law action, the trial court’s dismissal of the complaint is reversed where plaintiff’s state breach of contract, quantum meruit, and promissory estoppel claims against defendant are not preempted by the Employee Retirement Income Security Act.

Truck Insurance Exchange v. WCAB

(California Court of Appeal) – In a worker’s comp case in which employer received notification of the injury the day after it happened by a workers compensation claim was not submitted to insurer until more than seven years later, the order excluding laches as an…

US v. United Healthcare Ins. Co.

(United States Ninth Circuit) – In a qui tam action alleging that defendant Medicare Advantage organizations submitted false certifications in violation of the False Claims Act, the District Court’s judgment dismissing without leave to amend qui tam relator’s third amended complaint is remanded with instructions…

Roberts v. United Healthcare Services, Inc.

(California Court of Appeal) – In a class action for unfair competition, unjust enrichment and financial elder abuse, brought by a plaintiff enrolled in a private health plan offering benefits to persons 65 and over as well as disabled persons under the federally funded Medicare…

Ace American Ins. Co. v. Fireman’s Fund Ins. Co.

(California Court of Appeal) – In an equitable subrogation suit by an excess insurer against the primary insurer of a film set, on which a film industry worker was seriously injured, alleging that the injured worker initially offered to settle his case within the limits…

Travellers Cas. Ins. Co. of Am. v. Hirsch

(United States Ninth Circuit) – In an insurer-plaintiff’s suit alleging defendant, who was Cumis counsel for plaintiff’s insured, for declaratory judgment, unjust enrichment, breach of Cal.Civ. Code section 2860(d), and concealment, the District Court’s denial of defendant’s anti-SLAPP motion to strike plaintiff’s second amended complaint…

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