United States Ninth Circuit
Uhm v. Humana, Inc., 06-35672
In an action against an insurer for nonpayment of Medicare benefits, the dismissal of the action is affirmed where 1) the district court lacked jurisdiction to consider plaintiffs' breach of contract and unjust enrichment claims because they were not properly exhausted under the Medicare Prescription Drug Improvement and Modernization Act; and 2) plaintiffs' fraud and consumer protection act claims, while not subject to the Act’s exhaustion provisions, were expressly preempted.
Appellate Information
- Decided 08/30/2010
- Published 08/30/2010
Judges
- Richard A. Paez
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Scott C. Breneman, Brian D. Boyle