On Behalf of McKennon Law Group PC | Apr 29, 2010 | Case Updates, ERISA, ERISA - Abuse of Discretion, Firm News, News
The federal courts have for a long time struggled with how to apply the deferential standard of review to actions taken by ERISA plan administrators in light of the United States Supreme Court holding in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989)....
On Behalf of McKennon Law Group PC | Apr 28, 2010 | Case Updates, Disability Insurance, Disability Insurance News, ERISA, Firm News, Insurance Litigation Blog, News
The U.S. Supreme Court heard oral arguments yesterday in the important ERISA disability case of Hardt v. Reliance Standard Life Insurance (09-448). In that case, Bridget Hardt filed suit, arguing that Reliance Standard Life Insurance Co. wrongly denied her claim for...
On Behalf of McKennon Law Group PC | Apr 27, 2010 | Case Updates, ERISA, Firm News, News
What happens when an ERISA plan provides for a certain level of benefits and the required summary plan description (“SPD”) given to plan participants provides for greater benefits? The District Court for the Central District of California answered that question...
On Behalf of McKennon Law Group PC | Apr 19, 2010 | Case Updates, Duty to Defend, Firm News
In a case of first impression, the Ninth Circuit Court of Appeals held, for the first time under California law, that patent infringement can be covered as a “misappropriation of advertising ideas” under the advertising injury coverage of a general liability policy,...
On Behalf of McKennon Law Group PC | Apr 15, 2010 | Case Updates, Duty to Defend, Firm News, Insurance Bad Faith, News
In an article appearing in the April 12, 2010 editions of the Los Angeles and San Francisco Daily Journals, I discuss the impact of the California Fourth Appellate District’s Intergulf Development, LLC. v. Superior Court (Interstate Fire & Casualty Company). Here...
On Behalf of McKennon Law Group PC | Apr 6, 2010 | Case Updates, Firm News, Health/Medical Insurance, News
In a case of first impression, the Fourth District Court of Appeal opened the door to new lawsuits against private Medicare plans that had previously been held to be preempted by the federal Medicare Act. In Cotton v. Starcare Medical Group Inc., __ Cal.Rptr.3d __,...
On Behalf of McKennon Law Group PC | Apr 2, 2010 | Case Updates, Firm News, News
In a significant blow to business but a boon for consumers, the Supreme Court ruled yesterday that certain class actions barred or limited by state laws may proceed in federal courts. In Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company, __ U.S. __...
