CHARITABLE CARE WRITE-OFF: Questions certified to Montana Supreme Court as to hospital and ambulance write-offs related to $578,248 FTCA heart attack death judgment by Morris… order. [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…]
Class action, short-term medical insurance
CLASS ACTION certified in short-term medical insurance case alleging use of Data iSight software to discount medical charges to an amount below what was promised in the policies… Cavan/Watters.
Magistrate Cavan. [Read more…]
Failure to prosecute, 2010-12 campaign violations
FAILURE TO PROSECUTE: Campaign violations complaint for 2010-12 election cycles dismissed for lack of diligent prosecution… Sherlock. [Read more…]
Insurance, ladder “Fall from Heights” exclusion
INSURANCE: Fall from Heights exclusion precludes coverage for ladder fall regardless of whether the person fell from or with the ladder or whether 10-15 foot fall measured from head or foot qualifies as “from heights”… no duty to defend roofing contractor vis-à-vis $4.7 million consent judgment… Cavan. [Read more…]
Copyright, political photo
COPYRIGHT: Photo of Democrat Congressional Candidate shot by hired photographer at Party event and downloaded from Facebook by Republicans for use in mailer supporting Congressman’s reelection campaign was “fair use, not copyright infringement… Christensen. [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…]
Equal protection, hospital PPA insurers
EQUAL PROTECTION: Art. II § 4 general equal protection guarantee requires state action (1st impression), but whether PPAA activity constitutes state action not properly before the Court. . . uninsured hospital patient failed to properly allege similarly situated classes vis-à-vis patients insured by most favorable PPA insurers, not denied equal protection. . . insured status not a “social condition” for Art. II §4 analysis. . . Reynolds affirmed (other grounds). [Read more…]
Arbitration, failed investments, clause enforcement
ARBITRATION: Investors properly compelled to submit failed investment claims to binding arbitration . . . Deschamps affirmed. [Read more…]