NURSING: Clinic nurse who prescribed increased Warfarin to patient who later died of heart attack shielded from personal liability by corporate shield, not liable under CPA for employer’s business practices… claims framed in ordinary negligence or “nursing malpractice” in attempt to avoid med-mal damages cap… Recht affirmed (memorandum). [Read more…]
SSD/SSI denial affirmed
SSD/SSI properly denied… Opp/Johnston affirmed (memorandum), [Read more…]
SSD, arthritis, subjective pain
SSD: Arthritis claim properly rejected, subjective pain claim improperly rejected… Kelley/Lynch affirmed, reversed (memorandum). [Read more…]
ERISA, terminated employee, life insurance conversion
ERISA: Fact issues preclude summary judgment as to whether employer adequately advised terminally ill employee that life insurance benefits were ending thereby denying him his conversion privilege upon termination of employment… fiduciary claim against insurer properly dismissed… Christensen reversed, affirmed (memorandum). [Read more…]
SSD/SSI, local rule briefs format
SSD/SSI claims properly denied… no prejudice by SSA disregarding local briefs format rule… Lynch affirmed (memorandum). [Read more…]
SSD, failure to comply with medication regimen
SSD: Credibility of mentally ill claimant who failed to comply with medication regimen purportedly for lack of funds but still gambled and spent on other things improperly discounted… application denial reversed, remanded… Kelley/Cavan reversed (memorandum). [Read more…]
ERISA, terminated employee policy conversion
ERISA: Terminated employee was notified of rights to convert group policy to individual policy and failed to timely do so… summary judgment in favor of employer and insurer on claim of failure to provide a Plan benefit… Christensen. [Read more…]
Receiver, commercial landlord LLC
RECEIVER properly appointed to manage commercial landlord LLC in dispute between members… Larson affirmed (IOR I-3(c)). [Read more…]
SSD, medical marijuana patient
SSD: Medical marijuana patient’s claim properly denied. . . Lynch affirmed (memorandum). [Read more…]
SSD denial
SSD denial affirmed. . . Lynch affirmed (unpublished). [Read more…]