Barger & Wolen

633 West 5th Street Forty-Seventh Floor
Los Angeles, CA 90071-2043, United States

Contact: Heather Milligan

  • (213) 680-2800
  • (213) 614-7399

Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.

A fee dispute between Travelers, its contractor/insured and the insured's counsel, is not your run of the mill fee dispute. Travelers alleges the existence of an illicit rate agreement between the contractor and its lawyers…more

Construction Defects, Contractors, Fees, Insureds, Insurers

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Meaning of "Mass Actions" Under CAFA clarified by SCOTUS

In one of its first decisions of the year, the United States Supreme Court unanimously held that a civil action filed solely by the State of Mississippi did not constitute a “mass action” under the Class Action Fairness Act of…more

CAFA, Class Action, Mass Action, Mississippi ex rel. Hood v. AU Optronics, SCOTUS

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Installment Fees May Still be Considered Premium for Tax Purposes Despite Recent California Appellate Decision

A recent California appellate decision (In Re Insurance Installment Fee Cases, 211 Cal. App. 4th 1395) held that an installment fee – i.e, a fee charged to a policyholder who pays premium in installments under a payment plan…more

Fees, Installment Agreements, Insurers, Premiums

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Health Insurance Premium Regulation Bid Draws Criticism

Barger & Wolen partners Richard De La Mora and Richard Hopkins were both quoted in a Nov. 14, 2013, Daily Journal article, Hospital insurance premium regulations bid draws criticism, about a proposed ballot initiative intended…more

Health Insurance, Healthcare, Hospitals, Premiums

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After NLRB v. Canning: A Practical Guide For Employers

The Supreme Court’s decision last week in NLRB v. Canning left many employers scratching their heads – and with good reason. Sure, the unanimous ruling served as a rebuke to the Obama Administration, and hundreds of…more

Barack Obama, Canning v NLRB, NLRB, Recess Appointments, SCOTUS

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Cost Caps on Medical Procedures Approved

Federal officials recently approved “reference pricing,” a new cost-control mechanism that allows insurers to put a dollar limit on the amount that health plans pay for some expensive medical procedures, such as knee and hip…more

Affordable Care Act, Fee Caps, Healthcare, Healthcare Reform, Medical Expenses

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No Settlement Offer, No Bad Faith Liability for Insurer

On October 7, 2013, the California Court of Appeal for the Second Appellate District held in Reid v. Mercury Insurance Company that an insurer that acknowledged its insured’s liability for a third party’s injuries and recognized…more

Bad Faith, Insurers, Policy Limits, Settlement

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Ninth Circuit Takes Narrow View of ERISA Surcharge Remedy

In Gabriel v. Alaska Electrical Pension Fund, the Ninth Circuit ruled that a pension plan participant could not be “made whole” by using the equitable remedy of surcharge to recover pension benefits he was erroneously told he…more

CIGNA v Amara, Employee Benefits, Equitable Surcharge, ERISA, Pensions

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California Insurers Asked to Submit Diversity Information About Boards of Directors

The California Department of Insurance (“CDI”) has issued a notification to insurers with 2013 written premiums of $100 million or more in California to complete and submit the CDI’s Governing Board Diversity Survey…more

Board of Directors, Directors, Disclosure Requirements, Diversity

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Health Insurance Premium Regulation Bid Draws Criticism

Barger & Wolen partners Richard De La Mora and Richard Hopkins were both quoted in a Nov. 14, 2013, Daily Journal article, Hospital insurance premium regulations bid draws criticism, about a proposed ballot initiative intended…more

Health Insurance, Healthcare, Hospitals, Premiums

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UnitedHealth to Exit California's Individual Health Market By Year End

UnitedHealth recently announced that it will be leaving California's individual health market at the end of this year. …more

Healthcare, Insurers

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Is an independent lawsuit required to fix amount of attorney's fee lien?

In Mojtahedi v. Vargas the California Court of Appeal for the Second Appellate District decided a unique issue pertaining to the procedure for enforcing an attorney fees lien against the attorney who is hired to replace the…more

Attorney's Fees, Liens

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How has New York law on bad faith claims against insurers developed since the Bi-Economy and Panasia decisions?

R. Steven Anderson and Kyle M. Medley provide analysis and historical perspective of two 2008 decisions from New York’s highest court. The full article, Tempest in a Teapot: New York’s Bi-Economy Decision Five Years Later,…more

Bad Faith, Damages, Insurers

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Obama Administration Delays Another Provision of Affordable Care Act

The Obama administration will allow health insurers to continuing offering plans that fail to meet the Affordable Care Act’s (ACA) minimum requirements for another two years…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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Recorded Witness Statements Subject to Qualified Work Product Protection

The California Supreme Court recently held that work product protection applies to recordings of witness interviews conducted by attorneys or their agents and information concerning the identity of those witnesses in Coito v…more

Audio Recording, Video Recordings, Witness Statements, Work Product Privilege

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SCOTUS DECIDES: Three-Year Contractual Limitations Period Enforceable in ERISA LTD Plan

In Heimeshoff v. Hartford Life & Acc. Ins. Co. the United States Supreme Court held that a contractual limitations period in an ERISA long-term disability plan was enforceable and began to accrue before the administrator had…more

ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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Hold the cellphone! Who pays if it’s work?

In an August 19, 2014, Daily Journal article, Hold the cellphone! Who pays if it’s work?, Michael Newman writes about a recent California appellate opinion providing employers insight into how they should reimburse employees for…more

Cell Phones, Mobile Devices, Reimbursements

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District Manager Correctly Classified as Independent Contractor … Not an Employee

The California Court of Appeal for the Second Appellate District (Division Three) recently issued its ruling in Beaumont-Jacques v. Farmers Group, Inc., et al., affirming the trial court’s determination on summary judgment that…more

Full-Time Employees, Independent Contractors, Insurers, Managers

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Recovery From Dissolved Corporation's Liability Insurer Barred By Foreign Survival Statute

The recent case of Greb v. Diamond International Corp. highlights the need for dissolved corporations and their insurers to consider the survival statute of their state of incorporation when defending against actions brought in…more

Dissolution, Foreign Jurisdictions, Greb v Diamond International Corp, Statute of Limitations, Survival Statute

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Consumer Class Action Fee Request Slashed By Judge

A Northern California federal judge has significantly slashed attorney fees and hourly rates sought by plaintiffs’ lawyers in a consumer class action. His final order reduced fees down from the requested $2.5 million to…more

Attorney's Fees, Class Action

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You Can Plan On The Plan: United States Supreme Court Rejects Invitation To Rewrite Plan Terms In Heimeshoff v. Hartford Life & Accident Insurance Company

On December 16, the United States Supreme Court issued its opinion in Heimeshoff v. Hartford Life & Accident Insurance Company. The unanimous decision, which was written by Justice Clarence Thomas, affirmed the Second Circuit’s…more

ERISA, Heimeshoff v. Hartford Life & Accident Insurance Co., SCOTUS, Statute of Limitations

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Burden of Proof: The "What Changed?" Argument from "A Medley of Interesting Disability Cases"

Hegger v. Unum Life Ins. Co. of America, 2013 U.S. Dist. LEXIS 28587 (N.D. Cal. 2013) - Facts and holding: Plaintiff Tami Hegger (“Hegger”) was employed as a medical device sales representative until she left work in…more

Burden of Proof, Disability, Disability Discrimination, ERISA

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Statistical Sampling in Class Action Trial Violated Defendant's Due Process Rights

In a unanimous decision, the California Supreme Court on May 29 reversed a class action verdict for a class which was based on a flawed statistical model to determine liability and damages. Duran v. U.S. Bank National…more

Class Action, Compensation & Benefits, Due Process, Employer Liability Issues, Exempt-Employees

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California Insurers Asked to Submit Diversity Information About Boards of Directors

The California Department of Insurance (“CDI”) has issued a notification to insurers with 2013 written premiums of $100 million or more in California to complete and submit the CDI’s Governing Board Diversity Survey…more

Board of Directors, Directors, Disclosure Requirements, Diversity

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Personal Injury Coverage Does not Apply to Data Breach

According to a Law360 report, Sony Units Denied Coverage For Suits Tied To Cyber Attack (subscription required), a New York state judge ruled last Friday in the Zurich v. Sony insurance litigation that the stealing of consumer…more

Commercial General Liability Policies, Cyber Attacks, Data Breach, Hackers, Sony

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SCOTUS Rules: Right or wrong, arbitrator's interpretation stands

The United States Supreme Court in Oxford Health Plans LLC v. Sutter held that an arbitration agreement in a fee-for-services contract between physicians and a health insurance company required arbitration of a class dispute…more

Arbitration, Arbitration Agreements, Class Action, Federal Arbitration Act, Oxford Health

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Areas of Practice
  • Appellate Practice
  • Insurance
  • Litigation
Locations
Other U.S. Locations
  • California
  • New York
Other Countries
  • United Kingdom
Number of Attorneys

50-100 Attorneys

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