SETTLEMENT: $950,000, class action, state employee benefits plan beneficiaries denied benefits under “experimental for research” exclusion, approved by Neill. [Read more…]
State employee benefits plan, “experimental”
CLASS CERTIFICATION: Class of state employee benefits plan beneficiaries denied benefits under “experimental for research” exclusion certified on remand, certification modified to require members to be responsible for re-opening their own claims… Neill. [Read more…]
Legal malpractice, plea bargain negotiation
LEGAL MALPRACTICE claims stemming from lawyer negotiating 10 years deferred imposition/$60,000 restitution for elder abuse before 2nd lawyer negotiated deferred prosecution/$2,700 restitution rejected… Macek affirmed (IOR I-3(d)). [Read more…]
Erisa, big/little HIPAA, claims handling/settlement
ERISA: Big HIPAA does not prohibit rating employers in purchasing consortium, preempts identical Montana statute, method of rating consortiums does not violate Montana’s little HIPAA… UTPA anti-discrimination statute cannot be used to [Read more…]
Class action, State benefits plan, “experimental”
CLASS CERTIFICATION: Class of all State employee benefits plan participants/beneficiaries who were denied benefits based on “experimental for research” exclusion properly certified, but whether State breached its contract fails 23(b)(3) predominance because individual assessments needed… remanded for [Read more…]
State Employee Group Benefit Plan, class action
STATE EMPLOYEES BENEFIT PLAN is a contract between State and employees, preauthorization for disk replacement for teen improperly denied based on “experimental for [Read more…]
ERISA, Montana HIPPA, unfair discrimination
ERISA: Claim that Montana HIPAA prohibits requiring an individual to pay a premium greater than premiums of similarly situated [Read more…]
Implied covenant, agency v. contract
IMPLIED COVENANT: Supervisory control of Neill as to ruling that breach of implied covenant may be based on agency theory denied… order. [Read more…]
ERISA, attorney fees
ERISA: Insurer’s request for $100,000 fees after prevailing in group health premium challenge by farmers denied… Lovell. [Read more…]
ERISA, group health premium calculation
ERISA: Group health premium calculation which considers health status factors when rating employer plans separately permissible under ERISA provision which is identical to and [Read more…]