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  • California Voters May End 38 Years of Tort Reform
    Oct-31-14 California voters will decide on Proposition 46 - The Medical Malpractice Lawsuits Cap and Drug Testing of Doctors initiative - on the November 4th ballot. Prop. 46 is an initiative to reform the 1975 Medical Injury Compensation Reform Act (MICRA), which sets a limit on non-economic recovery, known as pain and suffering, to $250,000. The proposition...
  • More Than One Way to Skin a Cat Over Washington LTD Benefits
    Oct-11-14 Everett, WA This is a Washington long term denied disability lawsuit story with a difference. Rather than having been denied disability benefits, a union representing Washington County and City employees alleged they were overpaying for their benefits. The revelation was especially hard to swallow in the wake of layoffs, job furloughs and wage freezes...
  • Oregon and Oracle Trading Lawsuits Over Cover Oregon Website
    Sep-19-14 Salem, OR It may not be your average Oregon long term denied lawsuit , but the ugly spat that is brewing between the state of Oregon and software giant Oracle Corp. (Oracle) is mushrooming. At stake is a determination of just who is at fault over the allegedly failed Cover Oregon health care exchange website. The site, reported by the Bozeman Daily...
  • California Truck Drivers Misclassification Settlement
    Aug-26-24 Los Angeles, CA A class action California labor lawsuit alleging STG Logistics and STG Drayage misclassified truck drivers as independent contractors has settled for a $4.2 million. As part of the deal, STG will no longer classify its long-haul drivers as independent contractors in California and New Jersey. And this isn’t STG’...
  • Hillside Home Appears to Be Sloping Downward, Owners Sue Contractor, Insurer
    Jun-29-14 Asotin, ID As a prospective homeowner, you trust the qualifications of your contractor with the expert construction of your home. This is especially true if the nature of your construction is a bit more complicated than merely plunking a bungalow down on a piece of flat real estate. It is the more unique construction projects, such as building into the sid...
  • WW II Veteran Denied Disability Insurance for 28 Long Years
    Feb-25-14 Oakland, CA A 90-year-old veteran of World War II who first applied for disability payments in 1986 and has since been made to deal with denied disability insurance countless times has finally, after 28 long years, reached the light at the end of his tunnel. But it’s been a long road for the military veteran who once stood amongst the ruins of Hi...
  • NJ Workers Compensation Lawsuit News & Legal Information
    New Jersey workers' compensation is a no-fault insurance system that allows workers of covered employers who are injured in job-related activities (or suffer job-related illnesses) to recover missing wages, and obtain medical treatment and/or compensation for permanent disabilities. Because New Jersey workers' compensation is no-fault, employees receive...
  • Veterans Denied Disability Insurance and Treatment May Appeal
    Jan-22-14 Oakland, CA A group of soldiers and war veterans claiming to have been guinea pigs for the testing of Agent Orange and other chemicals at the behest of the US government and the Central Intelligence Agency (CIA) decades ago did not get much of an improvement over the original July 2013 ruling when Chief US District Judge Claudia Wilken delivered her final...
  • Supreme Court Sides with Plan in ERISA Lawsuit
    Jan-3-14 Washington, DC In a ruling on ERISA plan statutes of limitations as they relate to a company’s disability plan, the Supreme Court has sided with plan. The Supreme Court unanimously found that the limitations period does not violate the Employee Retirement Income Security Act. This means that plans are able to impose a statute of limitations even...
  • ERISA Lawsuit Results in $99 Million Settlement
    Dec-1-13 New York, NY An ERISA lawsuit involving a bankrupt financial firm has now been settled for $99 million. The ERISA settlement was the culmination of three years of litigation, and involved claims by various retirement investors against Lehman Brothers. According to Bloomberg (11/27/13), Ernst & Young LLP will pay investors, including retirement...
  • Insurance Company Wrongfully Denies Chronic Fatigue Syndrome Sufferer
    Nov-12-13 Detroit, MI Despite the fact that disability insurance is supposed to protect policyholders in the event they become disabled prior to retirement, some insurance companies still practice bad faith insurance by wrongly denying disability claims for chronic fatigue syndrome. Why was Christine denied benefits by Cigna, her Insurer, yet immediately recogni...
  • Court Rules in Favor of Denied Disability Insurance Plaintiff
    Sep-27-13 Sacramento, CA A California woman suffering from diabetes, severe psoriasis and the loss of several toes due to amputation recently fought a previously denied disability insurance claim and scored a victory when the US District Court, Eastern District of California, upon judicial review, reversed a decision by an Administrative Law Judge (ALJ) to deny...
  • Denied Short-Term Disability Benefits
    Jul-25-13 Sweetwater TN You almost have to be on your deathbed to collect short-term disability benefits from some insurance companies, as Robbie and her fiancé Ben discovered. Ben says he can’t count the number of times he had to drive Robbie to emergency to get some pain relief. “Robbie had scar tissue on her uterus that caused severe pai...
  • When an Extended Home Warranty Extends Nothing but Frustration
    Jun-3-13 Lakewood Ranch, FL The home warranty is, in some respects and in certain contexts, somewhat of an oxymoron. A builder’s warranty, which is usually in force for the first five years of life for a new home, is often moot as most structural or mechanical bugs will not appear before the warranty term is up. To that end, home warranty insurance encomp...
  • Unum Lawsuit Results in Attorneys’ Fees to Plaintiff
    Apr-10-13 Los Angeles, CA An Unum lawsuit has resulted in the court awarding attorneys’ fees to the plaintiff. The lawsuit, which originally alleged an unfairly denied Unum insurance claim by Unum life insurance, was found in favor of the plaintiff. According to Courthouse News Service (4/2/13), the plaintiff, Tanya Mondolo, was awarded $119,000 in at...
  • Force Would Not Accommodate Veteran Police Officer, Denied
    Apr-7-13 San Francisco, CA A former police officer with the San Francisco Police Department who was stricken with a heart attack and given a desk job for a year after an inability to return to active duty has failed in his bid to seek compensation from his employer for not making his desk job permanent. It is not known if there is a long-term disability claim, or i...
  • Smokers Claim They Were Overcharged for Health Insurance Premiums
    Oct-8-21 Kansas City, MO On September 24 in Lipari-Williams v. Missouri Gaming Co. , the District Court for the Western District of Missouri put off a decision about whether to grant class action certification to a group of casino workers who allege that they were overcharged for their health coverage based on their tobacco use. Their wage and benefit plan lawsui...
  • Lawsuits Brewing over Insurance Denials for “Smart” Prostheses
    Aug-21-18 Los Angeles, CA In California and other states, amputees are denied insurance coverage for modern prostheses. These legs and ankles are hugely better than the old titanium alloy stilts because of their microprocessors. Lt. Dan was glad to stand with his bride, but imagine running up the stairs or dancing at a Gump-ish wedding. Nonetheless, Anthem, United H...
  • Anthem Denials of Emergency Room CT Scans and MRIs; Patients Sent to Clinics
    Aug-6-18 Washington, DC In July 2018, the American College of Emergency Physicians filed an insurance lawsuit against Anthem Blue Cross Blue Shield over the insurer’s new policy of denying emergency room coverage after the fact. As a subpart of the strategy, Anthem refuses claims for in-hospital CT scans and MRIs ordered in the course of emergency diagnosis and...
  • Summary Judgment for Lincoln National in Barber v. Lincoln National Life Insurance Company
    Jul-25-18 Cincinnati, OH On May 18, 2018, the Sixth Circuit denied Oliver Barber’s appeal in his long term denied disability lawsuit against Lincoln Financial (the marketing name for Lincoln National Corporation and insurance company affiliates). This is likely the end of the road for Barber’s lawsuit , but it was hard fought and thoroughly argued...
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