Tag Archives: U.S. Court of Appeals for the Ninth Circuit

The Future of Discretionary Clauses in California Life and Disability Insurance Agreements

On May 11, 2017, the United States Court of Appeals for the Ninth Circuit reversed a district court ruling, and upheld a California law that invalidates a plan provision that assigns the final determination on benefit payout determinations to an insurer. How will this impact the future of discretionary clauses in California life and disability … Continue Reading

California Same-Sex Marriage Ban Found Unconstitutional

by Brett R. Johnson and Todd A. Solomon On February 7, 2012, the U.S. Court of Appeals for the Ninth Circuit found California’s Proposition 8, which amended the California Constitution to ban same-sex marriage, to be unconstitutional because it violated the Equal Protection Clause of the U.S. Constitution.  Supporters of Proposition 8 have vowed to … Continue Reading