Hofler v. Aetna US Healthcare of California, Inc., 296 F.3d 764 (9th Cir. 2002)

Published Appellate Opinions

United States Court of Appeals, Ninth Circuit

Jeffrey I. Ehrlich, Certified Appellate Specialist
California Civil Appeals Attorney

US Court of Appeals 9th CircuitHofler v. Aetna US Healthcare of California, Inc., 296 F.3d 764 (9th Cir. 2002).

Summary

In this case Mr. Ehrlich convinced the U.S. Court of Appeals for the Ninth Circuit that bad-faith claims against Medicare HMOs were not preempted by the Medicare Act, and could not be removed to federal court on the basis of federal preemption.

Download Decision (.pdf)


Legal Writing for the Plaintiffs’ Trial Bar

Few attorneys can match Mr. Ehrlich’s appellate experience. His skill is in analyzing complex legal and factual issues, and presenting them to the court in a clear, persuasive manner. We can help plaintiff’s attorneys with any appellate matter in either the state or the federal appellate courts.

We can defend favorable verdicts and attack unfavorable ones. We can draft writ petitions to seek appellate review of a devastating – but unappealable – trial court ruling, or respond to petitions filed by an opponent. We are experienced in seeking reversals in cases where the defendant has prevailed on summary judgment.


Lang v. Long-Term Disability Plan of Sponsor Applied Remote Technology, Inc. (9th Cir. 1997) 125 F.3d 794

Published Appellate Opinions

United States Court of Appeals, Ninth Circuit

Jeffrey I. Ehrlich, Certified Appellate Specialist
California Civil Appeals Attorney

US Court of Appeals 9th CircuitLang v. Long-Term Disability Plan of Sponsor Applied Remote Technology, Inc. (9th Cir. 1997) 125 F.3d 794.

Summary

This was the first ERISA case in the 9th Circuit to hold that an insurer’s dual role as plan administrator and insurer created a conflict of interest that tainted its decision-making.

Download Decision (.pdf)


Legal Writing for the Plaintiffs’ Trial Bar

Few attorneys can match Mr. Ehrlich’s appellate experience. His skill is in analyzing complex legal and factual issues, and presenting them to the court in a clear, persuasive manner. We can help plaintiff’s attorneys with any appellate matter in either the state or the federal appellate courts.

We can defend favorable verdicts and attack unfavorable ones. We can draft writ petitions to seek appellate review of a devastating – but unappealable – trial court ruling, or respond to petitions filed by an opponent. We are experienced in seeking reversals in cases where the defendant has prevailed on summary judgment.


Jeffrey I. Ehrlich retained as co-counsel in $10 million wrongful-death/products liability appeal

Ninth Circuit Appeals

Jeffrey I. Ehrlich retained as co-counsel in $10 million wrongful-death/products liability appeal

Toyota LogoDecember 2014

After her Toyota Camry was struck in a traffic collision by Olga Bello, Noriko Nori’s foot became trapped behind the brake pedal and was pressing on the accelerator pedal, causing her car to accelerate to 100 mph.

Ms. Nori was unable to control the vehicle and was killed when her car crashed into a tree. The jury awarded her heirs $10 million, and the defendants have appealed.


Why hire The Ehrlich Law Firm to handle your appeal?

Jeffrey Isaac Ehrlich is certified as appellate specialist by the State Bar of California’s Committee on Legal Specialization.  In California, only lawyers who receive this certification can call themselves “appellate specialists.” In order to be eligible for certification, a lawyer must have handled a minimum number of appellate matters, must devote at least half his or her practice to appellate work, and must pass a one-day examination. Mr. Ehrlich was among the first attorneys in California certified as an appellate specialist. As of January 2015, there were only 282 certified appellate specialists in California, out of more than 170,000 California lawyers.

Mr. Ehrlich has briefed and argued hundreds of appeals, in the following courts: The U.S. Supreme Court; the U.S. Court of Appeals for the 3rd, 4th, 5th, 6th, 7th, 9th and 11th Circuits; the California Supreme Court; the Virginia Supreme Court; the Maryland Court of Special Appeals, the Louisiana Court of Appeals, and the California Court of Appeal. In California, Mr. Ehrlich has handled appeals in the appellate courts sitting in San Francisco (First District), Los Angeles (Second District), Sacramento (Third District) San Diego (Fourth District, Div. 1), Riverside (Fourth District, Div. 2), Santa Ana (Fourth District, Div. 3), Ventura (Second District, Div. 6),,, and Fresno (Fifth District) – in sum, every appellate court in the State except for the Sixth District, which sits in San Jose.

Both the California and the federal appellate system dispose of the vast bulk of their civil appeals in unpublished decisions. Fewer than 25% of all appeals decided are decided by published decisions that have precedential value. Mr. Ehrlich has over 55 published appellate decisions in the state and federal courts. Very few appellate lawyers in California have comparable experience with civil appeals.

Our Legal Services

Jeffrey I. Ehrlich wins reversal in Ninth Circuit of summary judgment against paralyzed shipyard worker

Federal Appeals Attorney, Los Angeles California

Jeffrey I. Ehrlich wins reversal in Ninth Circuit of summary judgment against paralyzed shipyard worker

US Court of Appeals 9th CircuitRichard Thompson was rendered a paraplegic when he lost his balance and fell through a defectively-constructed scaffold at the San Diego shipyard of National Steel and Shipbuilding Company (“NASSCO”). NASSCO obtained summary judgment against Thompson in the U.S. District Court for the Southern District of California.

The district court granted NASSCO’s motion on numerous grounds, finding that there was no evidence that NASSCO had furnished unsafe equipment, and no evidence that furnishing the unsafe equipment affirmatively contributed to Thompson’s injuries. The Ninth Circuit reversed and remanded, rejecting all of the district court’s findings.

Download Decision (.pdf)


Our Legal Services

Southern California appeals attorney, Jeffrey Isaac Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.

 

 

Ehrlich Law Firm wins affirmance of $15 million verdict

U.S. Court of Appeals, Ninth Circuit Appellate Lawyer

Ehrlich Law Firm wins affirmance of $15 million verdict

US Court of Appeals 9th CircuitOn July 14, 2008, the U.S. Court of Appeal for the Ninth Circuit affirmed a $15 million jury verdict on behalf of three Los Angeles Police Department officers who had been wrongfully accused by the department of corruption. In Harper v. City of Los Angeles, 533 F.3d 1010 (9th Cir. 2008), the court held that the evidence supported the jury’s verdict that the officers’ constitutional rights were violated, and that the award of $5,000,001 to each was not excessive.

Certified appellate specialist Jeffrey Isaac Ehrlich briefed and argued the appeal for the officers.


Our Legal Services

Southern California appeals attorney, Jeffrey Isaac Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.

Ehrlich Law Firm retained to defend $15 million judgment on appeal

Los Angeles Appellate Attorney for U.S. Court of Appeals for the Ninth Circuit

Ehrlich Law Firm retained to defend $15 million judgment on appeal

US Court of Appeals 9th CircuitOctober 2006

Three former Los Angeles Police Department officers who obtained a $15 million judgment against the City for wrongfully arresting them and accusing them of being corrupt have retained the Ehrlich Law Firm to defend their judgment in the U.S. Court of Appeals for the Ninth Circuit.


Our Legal Services

Southern California appeals attorney, Jeffrey Isaac Ehrlich, is an appellate specialist certified by the State Bar of California’s Committee on Legal Specialization. He is the principal of the Ehrlich Law Firm, in Encino, Los Angeles County, California.