SUCCESSOR LIABILITY: Health Care Service Corp. is not corporate successor to Blue Cross & Blue Shield of Montana following 2013 transaction such that it can be liable for latter’s alleged wrongful premium billing practices… Halligan. [Read more…]
Class certification, “Chamber Choice” health insurance
CLASS CERTIFICATION granted for wrongful premium overcharge claims relating to “Chamber Choices” health insurance program… Halligan. [Read more…]
Insurance, “Chamber Choices,” kickbacks, unconsented
INSURANCE: Claims relating to “Chamber Choices” health insurance program survive motion to dismiss based on alleged law of case vis-à-vis Federal Court disposition of ERISA theory, negligent misrepresentation pleading requirements… Halligan. [Read more…]
Water pollution, coal mine ephemeral discharges
WATER POLLUTION: Fact issues preclude summary judgment upholding permit to discharge rain & snow water surrounding coal mine into Yellowstone River tributaries… Seeley reversed. [Read more…]
Health insurance, “Chamber Choices,” ERISA, state law
HEALTH INSURANCE: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses properly rejected as not subject to ERISA… state law claims improperly dismissed without opportunity to amend to state fraud allegations with greater particularity or file in State Court… Christensen affirmed, reversed. [Read more…]
ERISA, “Chamber Choices” health insurance
ERISA: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses rejected for failure to establish fiduciary duty, failure to segregate funds… state law claims impermissible “alternative enforcement mechanisms”… Christensen. [Read more…]
Forum non conveniens, WDA, Ohio corporation
FORUM NON CONVENIENS: Ohio properly found more convenient for termination claims of controller of Ohio corporation… amendment to replace wrongful discharge and NIED with new claims on remand from Supreme Court ruling properly denied… Kutzman affirmed. [Read more…]
$2,375,000 class settlement, residential rentals
SETTLEMENT: $2,375,000, class action, residential rental agreements with allegedly illegal provisions. [Read more…]
UTPA, private right, premiums rebate/excessive
UTPA: No private right of action under §§ 208 (rebate of premiums) & 212 (excessive premiums)… Sherlock affirmed. [Read more…]
Jurisdiction/choice of laws, wrongful discharge
JURISDICTION/CHOICE OF LAWS: Ohio law governs employment claim, but Montana could still have jurisdiction… whether Ohio is more convenient requires further consideration… Sandefur affirmed, reversed. [Read more…]