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9th Circ. Nixes En Banc Bid In Humana Marketing Suit

Law360 (December 7, 2010, 4:10 PM EST) -- A federal appeals court has refused to rehear an appeal in a putative class action accusing Humana Inc. of fraudulent marketing practices, leaving in place an August finding that the state law claims are preempted by federal law.

On Monday the U.S. Court of Appeals for the Ninth Circuit rejected the plaintiffs’ call for a rehearing, brushing aside claims that its dismissal of the suit improperly expanded the federal preemption doctrine.

“The full court was advised of the petition for rehearing en banc, and no judge...
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