Opinion
S271501
01-07-2022
QUISHENBERRY (LARRY) v. UNITEDHEALTHCARE, INC.
B303451 Second Appellate District, Div. 7
Issues ordered limited
On January 5, 2022, the court granted the petition for review in this matter. The issues to be briefed and argued are limited to the following: 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)?