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Steven J. Bruzonsky

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Gilbert, AZ 85234
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Please note that Attorney Bruzonsky has been doing this regular “Liens Corner” column since April 2006. His last “Liens Corner” article was for the November/December 2017 issue of The Advocate, having stepped down from this regular column, as he now works part-time (and is part-time retired) exclusively handling large subrogation/lien claims in very large personal injury and medical malpractice cases for other attorneys. However, attorney Bruzonsky may add notes to this website under the subject lien article headers from time to time. (Please keep in mind that this site contains general information for educational purposes only. It is not intended to provide legal advise, which can only come from a qualified attorney who is familiair with all the facts and circumstances of your specific case and relevant law.) 

 

 

2015-05/06: US Supreme Court Invites Solicitor General Brief in Kobold

June 25th, 2016 12:02:20 pm


This article has been published in “The Advocate”, a monthly publication of the Arizona Association for Justice/Arizona Trial Lawyers Association, May-June 2015 issue, @2015 by Steven J. Bruzonsky, Esq.

 

 

May/June 2015 Lien Updates

 

FEHBA Liens – Status of Kobold Case:

 

In Kobold v. Aetna Life Ins. Co., No. 1 CA-CV 12-0315. 2013 Ariz. App. LEXIS 187 (Ariz. Ct. App. Sept. 5, 2013), the Arizona Court of Appeals issued a ruling that the Federal Employees Health Benefits Act does not preempt Arizona’s state anti-reimbursement laws. Aetna filed a writ of certiorari with the United States Supreme Court on June 20, 2014.  On October 6, 2014, the Supreme Court took the unusual step of inviting the Solicitor General to file a brief expressing the views of the United States government on whether certiorari should be granted or denied.  See Aetna Life Insurance Company v. Kobold, No. 13-1467 (U.S. Oct. 6, 2014).  It is anticipated that in the early Spring of 2015, the Solicitor General will be filing a brief advising acceptance or denial of certiorari.

 

Note that theMissouri Supreme Court adopted Kobold's reasoning and similarly invalidated FEHBA liens in Missouri. Nevils v. Group Health Plan, Inc., 418 S.W.3d 451, 455+ (Mo. 2014), pet. for writ of cert. filed, 82 USLW 3662 (Docket No. 13-1305) (April 28, 2014).



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© Copyright 2006, Steven J. Bruzonsky, Attorney
Terms of Use: This site contains general information for educational purposes only. It is not intended to provide legal advise, which can only come from a qualified attorney who is familiar with all the facts and circumstances of your specific case and relevant law. If you use this site, or send information or e-mail the attorney, such action does not create an attorney-client relationship. For legal advise please personally consult with an experienced attorney like Steven J. Bruzonsky.