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FAQS: HMO Doctors and Specialists

h3>Do I have to see the HMO's doctor? It depends. HMOs are obligated by law to make medically necessary care available to their members within a reasonable time. So, if the HMO has a qualified doctor in the network, but the doctor is so busy… Read More
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Categories: Articles & Briefs

What is ERISA? Can I sue my HMO for punitive damages?

ERISA preempts (that is, overrides) many state laws that regulate employee benefit plans. Simply put, if you obtain your health insurance, life insurance, or disability insurance through a plan set up by your employer, ERISA probably applies. If it d… Read More
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Categories: Articles & Briefs

How ERISA Law affects the insured's rights

If the insurance at issue in a potential case was obtained through an employer, the claims of the insured person or their beneficiary against the insurance company are likely subject to a federal law called the Employee Retirement Security Act of 197… Read More
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Categories: Articles & Briefs

The genuine-dispute doctrine after Wilson v. 21st Century Ins. Co.

The genuine-issue defense was first announced in Safeco Ins. Co. of America v. Guyton (9th Cir. 1982) 692 F.2d 551, an appeal from a judgment awarding declaratory relief to the insurer, finding that it owed no coverage for property… Read More
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Categories: Articles & Briefs

The ever-expanding genuine-dispute doctrine, and how to deal with it

The genuine-dispute doctrine has become the legal equivalent of kudzu – an invasive species known for its explosive growth. This doctrine has become the first line of defense relied on by insurance companies who have been sued for insurance bad-fai… Read More
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Categories: Articles & Briefs

The Trivial-Defect Doctrine: Where It Came From. How to Beat It.

The “trivial-defect doctrine” is the defense strategy of choice in sidewalk trip-and-fall lawsuits. It is a formidable weapon because it allows a judge to determine that the sidewalk defect that caused the plaintiff’s fall was “trivial” and… Read More
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Categories: Articles & Briefs

Six Tips for Effective Writ Practice

A "writ" is an order issued by the reviewing court to an inferior tribunal, typically the superior court, directing it to do something (mandate) or forbidding it from doing something (prohibition). Article 6, section 10 of the California Constituti… Read More
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Categories: Articles & Briefs

When Arbitration Becomes Impossible: When are parties excused from an agreement to arbitrate?

Arbitration deters claims because it is expensive. Someone who wants to file a civil lawsuit has to hire a lawyer and may have to pay the costs of depositions and experts. But the costs of having a forum to hear the case are usually nominal. In arbit… Read More
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Categories: Articles & Briefs

What is wrong with the LA Checker Cab decision?

Ehrlich Firm submits depublication request to California Supreme Court concerning LA Checker Cab Co-Op, Inc. v. First Specialty Ins. Co. on behalf of Consumer Attorneys Association of California. The insurance industry is c… Read More
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Categories: Articles & Briefs

Appellate Passion: Jeffrey Ehrlich has helped set precedent, but he’s proudest of getting one man out of prison.
Los Angeles & San Francisco Daily Journal,
Monday, May 21, 2018

Read more about the Ray Jennings Case

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News

Success on appeal in California depends on many things — the facts that underlie your case, the legal positions you can take in light of the state of the law, your skill in selecting and presenting the issues to the appellate court in a persuasive… Read More
Getting a case from the pleading stage through trial can be like trying to walk through a minefield. There are always procedural traps lurking to snare the unwary trial lawyer. Here are 10 easy, and distressingly common mistakes for a trial lawyer to… Read More
In most cases, the providers decide what is covered and what is not covered, without any input from the HMO. (Although in most cases, the member can appeal the decision to the HMO.) The HMO is, in essence, nothing more than a middleman. So, can you s… Read More

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