Legal Opinion

Barnett v. Cigna Healthcare

Court of Appeals for the Ninth Circuit

Decided January 10, 2007No. 05-15081Published

1Opinion of the Court

MEMORANDUM *

Cigna Health Plan of Arizona (“Cigna”) dismissed Doctor Francis Barnett pursuant to a clause in the employment agreement which Cigna believed allowed it to terminate Barnett without cause with 120 days’ notice. Barnett sued for breach of contract (and federal causes of action not at issue in this appeal) arguing that the employment agreement incorporated Cigna’s physician tenure policy which only allowed Cigna to terminate tenured physicians for cause.1

The district court concluded that the contract was ambiguous, and that a reasonable fact finder could conclude that Cigna had…

2Cases cited8 opinions

  1. State v. RoqueArizona Supreme Court · 2006
  2. Justin Terrance Monroe v. City of Phoenix, Arizona Donald Sherrard, Husband Jane Doe Sherrard, WifeCourt of Appeals for the Ninth Circuit · 2001
  3. Shattuck v. Precision-Toyota, Inc.Arizona Supreme Court · 1977
  4. Barbara Snow-Erlin, as Representative of the Estate of Darrow K. Erlin v. United StatesCourt of Appeals for the Ninth Circuit · 2006
  5. Lawson v. Umatilla CountyCourt of Appeals for the Ninth Circuit · 1998

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