United States Ninth Circuit
Fossen v. Blue Cross and Blue Shield of Montana, Inc., 10-36001
In an appeal from a judgment of the district court asserting jurisdiction in plaintiffs' state HIPAA action and granting defendant summary judgment on plaintiffs' insurance practice and breach of contract claims, judgment is affirmed where Montana's HIPAA statute is preempted by ERISA section 502(a) and because the court did not abuse its discretion in allowing plaintiffs to amend their complaint, but reversed where federal law does not preempt a claim for relief under a separate, state unfair insurance practices statute that bars insurers from engaging in "unfair discrimination."
Appellate Information
- Decided 10/18/2011
- Published 10/18/2011
Judges
- M. SMITH
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Lawrence A. Anderson, Michael F. McMahon