SETTLEMENT: $2,850,000 settlement of Chamber Choices litigation including $950,000 fees for Class Counsel approved… Halligan. [Read more…]
Successor liability, complex healthcare entities
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…]
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…]
Online travel companies, taxes
ONLINE TRAVEL COMPANIES not obligated to collect & remit taxes on OTC fees under the Lodging Facility Use Tax, are required to do so under the Sales Tax on accommodations, campgrounds, rental vehicles… decision applied retroactively to when DOR sued… Seeley affirmed, reversed. [Read more…]
Online travel companies, taxes
ONLINE TRAVEL COMPANIES not obligated to collect & remit taxes on OTC fees under the Lodging Facility Use Tax, are required to do so under the Sales Tax on accommodations, campgrounds, rental vehicles… decision applied retroactively to when DOR sued… Seeley 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…]