LD v. United Behavioral Health, No. 20-cv-02254-YGR (JCS), 2022 WL 17408010 (N.D. Cal. Dec. 2, 2022) (Magistrate Judge Joseph C. Spero)

This week’s notable decision ended a longstanding discovery clash between the parties in this ERISA and Racketeer Influenced and Corrupt Organizations Act (“RICO”) class action brought by participants of ERISA-governed healthcare plans challenging

Santos v. Minn. Life Ins. Co., No. 20-cv-06707-PJH,  2021 WL 5302950 (N.D. Cal. Nov. 15, 2021) (Judge Phyllis J. Hamilton). 

Mother of forensics, Frances Glessner Lee, created the Nutshell Studies of Unexplained Death as a teaching instrument for detectives to help them determine causes of death at crime scenes. Such a tool would have been instrumental in this case in determining whether decedent Samuel Chong’s death was an accident, suicide, or homicide, and consequently whether AD&D benefits ought to be paid to plaintiff Eva Marie Santos, Mr. Chong’s cousin and the administrator of the estate. During a well-being check by the San Francisco police, Mr. Chong was found dead “on the floor in the kitchen, near a table. The gas oven door was found open, but the oven was not in use. Blood (and dried vomit) was noted near his head.” The autopsy report listed the cause of death as blunt force head trauma with subdural hematoma. The manner of death was listed as an accident. The toxicology report found methamphetamine, amphetamine, and Temazepam in the decedent’s blood and urine. 
Continue Reading Long-Term Meth User Could Not Have Foreseen Death