INVESTMENT LLC: Sons’ claims that deceased mother’s Estate holds a membership interest improperly rejected on summary judgment… Brown reversed. [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…]
Contract/fraud, fact issues preclude summary judgment
CONTRACT/FRAUD: Fact issues preclude (sua sponte) summary judgment on wind energy contract/fraud claims… Haddon reversed (memorandum). [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…]
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…]
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…]
Gas, “at the well” rule, royalty claims
GAS: “At the well” rule defeats royalty contract/ fraud claims… Cebull affirmed (unpublished). [Read more…]
ERISA, stem cell transplant, systemic sclerosis
ERISA: Claims Administrator acted legally but perhaps not morally in denying preapproval of stem cell transplant for systemic sclerosis pursuant to Plan’s experimental/investigational exclusion despite claim by doctors that it is medically necessary to prevent death… Molloy. [Read more…]