Under ERISA , Procedural Deficiencies Not Considered When the Standard of Review is De Novo

Litigation pursuant to the Employee Retirement Income Security Act (“ERISA”) is rather unique.  Unlike most cases, ERISA disputes are based on a limited scope of permissible evidence.  The range of that scope is ultimately dependent on which standard of review is employed by the courts.  Typically, when the standard of review is abuse of discretion, …

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McKennon Law Group PC Client Awarded $543,612.62 in Damages in Investment Loss Case – the First of its Kind in Hundreds of Pending Medical Capital Cases

In what appears to be the first FINRA arbitration award of its kind in the pending Medical Capital cases, McKennon│Schindler LLP client Eric Anderson was awarded $543,612.62 in damages (the full amount of his investment losses) for his massive losses caused by his financial advisor firm’s negligence and breach of fiduciary duties owed to Mr. …

Read moreMcKennon Law Group PC Client Awarded $543,612.62 in Damages in Investment Loss Case – the First of its Kind in Hundreds of Pending Medical Capital Cases

The Reasonable Expectations Doctrine Finds a New Ground in the Realm of Title Insurance

The “reasonable expectations of the insured” doctrine continues to weave its way into all types of insurance coverage cases.  This time, it thrust itself into a title insurance case.  In Karen Lee v. Fidelity National Title Insurance Company,__Cal. App. 4th__ (September 16, 2010), the First Appellate District of the California Court of Appeal found coverage …

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Governor Schwarzenegger Vetoes AB 1868 That Would Have Banned Discretionary Clauses in Group Insurance Policies

Today Governor Schwarzenegger vetoed AB 1868 that would have banned discretionary clauses in group insurance policies.  This is a disappointment to consumer groups but not to insurers who rely on them.  Currently, the Department of Insurance bans them in group policies anyway.  Here are the Governor’s comments on why it was vetoed: To the Members …

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Certain Health Insurance Reforms Go Into Effect as of September 23

On September 23, 2010, the Patient Protection and Affordable Care Act, part of the recently enacted health care reform law, went into effect for insurance plans that begin on or after this date.  Health care reforms beginning Sept. 23, 2010 include: No pre-existing condition exclusions for children under age 19: requires insurers to cover children …

Read moreCertain Health Insurance Reforms Go Into Effect as of September 23

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Address: 20321 SW Birch St. Suite 200
Newport Beach, CA 92660

Phone: 800-682-4137

We also have offices in Los Angeles, San Diego and San Francisco.

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