Tomorrow morning, the Supreme Court will file its opinion in Quishenberry v. UnitedHealthcare, Inc. (Briefs here; oral argument video here.)
This will be the third opinion in the nine cases argued in early-May. Five of the remaining cases should be decided by August 7. Because of post-argument briefing, the opinion in the other case — People v. Martinez — isn’t due until August 28.
After granting review in Quishenberry in January 2022, the court limited the issues to: “1. Are plaintiff’s claims for negligence, elder abuse, and wrongful death expressly preempted by the Medicare Part C preemption clause (42 U.S.C. § 1395w-26(b)(3))? 2. Are plaintiff’s claims for negligence, elder abuse, and wrongful death impliedly preempted based on the doctrine of ‘obstacle preemption’ (People ex rel. Harris v. Pac Anchor Transportation, Inc. (2014) 59 Cal.4th 772, 778; see also Solus Industrial Innovations, LLC v. Superior Court (2018) 4 Cal.5th 316, 345-346)?”
The opinion can be viewed tomorrow starting at 10:00 a.m.