Legal Opinion
Kennedy v. Unumprovident Corp.
Court of Appeals for the Ninth Circuit
Decided November 4, 2002No. 01-56706; D.C. No. CV-01-02224-RPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM *
Plaintiff-Appellant Judith Kennedy filed this action as a class action alleging that Defendants have adopted a policy of improperly classifying fibromyalgia as a mental disorder rather than a physical illness in order to pay reduced disability benefits for fibromyalgia-based claims. Kennedy also alleged an unfair business practice claim under California Business and Professions Code § 17200. The Defendants moved to dismiss or strike the class action allegations on the ground that Kennedy could not satisfy the requirements for maintaining a class action under Rule 23 of the Federal…
2Cases cited10 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
- David Hanon v. Dataproducts Corporation Jack C. DavisCourt of Appeals for the Ninth Circuit · 1992
- Zimmerman v. City Of OaklandCourt of Appeals for the Ninth Circuit · 2001
- Kraus v. Trinity Management Services, Inc.California Supreme Court · 2000
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Paxil LitigationDistrict Court, C.D. California · 2003
- In Re WorldCom, Inc.United States Bankruptcy Court, S.D. New York · 2006