Legal Opinion
DaVita, Inc. v. Amy's Kitchen, Inc.
District Court, N.D. California
Decided April 5, 2019No. Case No. 18-cv-06975-JSTPublishedCited by 7 opinions
1Opinion of the Court
JON S. TIGAR, United States District Judge
In this action for violations of the Employee Retirement Income Security Act ("ERISA") and Medicare as Secondary Payer Act ("MSPA"), along with related state claims, Defendants Amy's Kitchen, Inc. and Amy's Kitchen, Inc. Employee Benefit Health Plan (collectively, "Amy's") move to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). ECF No. 25. Plaintiffs oppose the motion. ECF No. 40. For the reasons set forth below, the motion is GRANTED in full, with prejudice as to the ERISA and MSPA claims, and without prejudice as…
2Cases cited19 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Lee v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2001
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- DaVita, Inc. v. Marietta Mem. Hosp.Court of Appeals for the Sixth Circuit · 2020
- Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.Supreme Court of the United States · 2022
- Davita Inc. v. Marietta Memorial Hospital Employee Health Benefit PlanDistrict Court, S.D. Ohio · 2019
- Innovations Surgery Center, P.C. v. UnitedHealthcare Insurance CompanyDistrict Court, D. Maryland · 2024
- MSP Recovery Claims, Series LLC v. Grange Insurance CompanyDistrict Court, N.D. Ohio · 2019
2 more not listed; retrieve them via the Exa API.