United States Ninth Circuit

In an action on behalf of thousands of retired County employees participating in County-sponsored health care plans challenging changes it made to the structure of two health benefits on constitutional, breach of contract and discrimination grounds, the district court's order granting a motion for judgment on the pleadings filed by the County is reversed as to the dismissal of the Retirees': 1) Subsidy claims; 2) Grant claims because the Retirees should be given an opportunity to amend their complaint to set out specifically the terms of those MOUs on which their claim is predicated; and 3) FEHA claim because we find that Mr. McConnell’s timely filed administrative complaint is sufficient to establish exhaustion of the administrative remedies for all class members.

Appellate Information

• Decided 06/08/2012
• Published 06/08/2012

Judges

• Lyon

Court

• United States Ninth Circuit

Counsel