FOLLOW US

America January 23, 2024 2 mins read

9th Circ. Revives Nurse’s Disability Benefits Suit

America ı By Rihem Akkouche

0 Comments

9th Circ. Revives Nurses Disability Benefits Suit

In a stunning turn of events, a divided Ninth Circuit panel has resurrected nurse Kayle Flores' legal saga, breathing new life into her quest for long-term disability (LTD) benefits. The panel, defying prior expectations, reinstated Flores' lawsuit against Life Insurance Company of North America (LINA), accusing the insurer of unjustly denying her rightful benefits.

Dueling Lawsuits: Short-Term Triumph Fuels Long-Term Fight

In an intricate legal dance, Flores initially sought short-term disability benefits in 2018, battling Cushing's syndrome, a condition causing abnormal weight gain. Although she secured victory for short-term benefits in a trial against LINA, the plot thickened as her bid for long-term benefits faced a setback. The trial court insisted she failed to meet LINA's proof-of-loss provision, a critical requirement for LTD benefits.

9th Circ. Revives Nurse's Disability Benefits Suit: Flores' Strategic Maneuver

Undeterred, Flores, determined to navigate the labyrinth of insurance intricacies, sought LTD benefits after rectifying her alleged missteps. The majority of the Ninth Circuit panel applauded her diligence, asserting that her second lawsuit didn't stem from the same facts as the first, paving the way for a legal resurrection.

Dissenting Voices: A Legal Drama Unfolds

However, dissenting U.S. Circuit Judge Daniel P. Collins voiced vehement opposition, arguing that Flores' delay in demanding LTD benefits prejudiced LINA's ability to assess her condition. He contended that the majority's decision defied both law and logic, asserting that Flores could have challenged the initial ruling instead of initiating a new legal battle.

9th Circ. Revives Nurse's Disability Benefits Suit : A Legal Odyssey Unfurls

Robert J. McKennon, Flores' legal champion, expressed satisfaction with the Ninth Circuit's decision, emphasizing its fundamental fairness to his client. McKennon lauded the majority's recognition that Flores' cause of action for LTD benefits arose post her initial litigation, averting an unjust stripping of her right to pursue disability claims.

What Lies Ahead: A Battle for Justice

As the legal stage is set for a dramatic showdown, McKennon anticipates further advocacy for Flores' LTD benefits. The majority's poignant observation that an insured's claim against an insurer crystallizes at the benefit denial promises an enthralling legal battle ahead.

LINA Silent Amidst Legal Storm

Intriguingly, LINA, the opposing force in this legal drama, has maintained radio silence, offering no immediate comment on the Ninth Circuit's decision. The looming question remains: how will LINA respond to this unexpected plot twist in Flores' relentless pursuit of justice?

Previous Article

Phillips Nizer Can’t Ditch Real Estate Malpractice Suit

Read More
4594 Posts

Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 02, 2026
Kaiser Permanente Layoffs Eliminate 147 Jobs Across California
By – Rachel Moore
America October 02, 2026
Nexfibre’s $2.7B Deal Faces U.K. Competition Roadblock
By – Tyler Brooks
America October 2, 2026
Operation Epic Fury: Trump Warns Iran…

Operation Epic Fury remains central to the Trump administration’s account…

By – Jackie Allen
America October 2, 2026
Capitol Police Plaque Lawsuit Dismissal Ends…

Sometimes a legal fight isn’t about the money or the…

By – Tyler Brooks
America October 2, 2026
G7’s Release of 100M Barrels of…

What Truckers and Consumers Need to Know The G7’s 100-million-barrel…

By – Samuel Lopez
America October 2, 2026
Halle Berry Hit with Temporary Restraining…

What the Court Order Signals A Los Angeles judge granted…

By – Samuel Lopez
America October 2, 2026
Killed by in-laws: New York Times…

Jonathan McKinsey, 40, was killed by his elderly in-laws. They…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
Government Spending: Trump Administration Moves to…

 The Trump administration is moving to cancel nearly $1 billion…

By – Jackie Allen
America October 1, 2026
Lyft $272.5M Settlement Marks California’s Largest…

Some settlements fade quietly into legal history. This one is…

By – Tyler Brooks
America October 1, 2026
Google Launches Project Suncatcher, Betting on…

Sometimes the boldest ideas start small — in this case,…

By – Tyler Brooks
America October 1, 2026
TJ Maxx Closing Three More Stores…

Empty storefronts have become almost a recurring chapter in retail’s…

By – Rachel Moore
America October 1, 2026
$500 Obamacare Refund Checks Land in…

Not every government payment lands evenly across the map —…

By – Rachel Moore
America October 1, 2026
Zurich Beazley Takeover Officially Closes, Creating…

Months of regulatory hurdles, court hearings and shareholder maneuvering have…

By – Rachel Moore
America October 1, 2026
JPMorgan Executive Renews Countersuit After Ex-Banker’s…

The “sex slave” allegations involving JPMorgan Chase executive Lorna Hajdini…

By – Jackie Allen
America October 1, 2026
Diesel Crisis: Louisiana Relief Meets New…

Louisiana’s diesel crisis has entered October with emergency relief still…

By – Michallie Harrison
America September 30, 2026
Chad Lowe’s Daughter Fiona Dies at…

Actor Chad Lowe and his wife, producer Kim Painter, are mourning the…

By – Jackie Allen
America September 29, 2026
Clone Saga could replace Spider-Noir as…

The Clone Saga could be coming to television as Sony…

By – Jackie Allen
America September 29, 2026
Unabomber: Russell Crowe true-crime thriller surges…

“Unabomber,” Netflix’s new true-crime drama starring Russell Crowe and Jacob…

By – Jackie Allen
America September 29, 2026
Cornell University case draws renewed scrutiny…

ITHACA, N.Y. — A key piece of evidence in the…

By – Jackie Allen
America September 30, 2026
Arnold Schwarzenegger Heads to Jury Trial…

What the Jury Will Decide Schwarzenegger has conceded negligence in…

By – Samuel Lopez
America September 30, 2026
Oklahoma Judge Strips Secrecy From 11…

Inside the Hursh Courtroom Showdown A judge removed the confidential…

By – Samuel Lopez
America September 30, 2026
AI Is Creating New Losses Faster…

What Policyholders Need to Know Deepfakes and misinformation dominate reported…

By – Samuel Lopez
America September 30, 2026
California ‘Kelvin Wave’ Phenomena Could Supercharge…

What Coastal Homeowners Need to Know A massive El Niño-linked…

By – Samuel Lopez
America September 30, 2026
Queen and David Bowie’s Copyright Dispute…

What the Copyright Record Actually Shows Queen and David Bowie…

By – Samuel Lopez
America September 30, 2026
Wladimir Klitschko Moves to Protect Daughter…

What the Court Filing Reveals Klitschko wants immediate legal authority…

By – Samuel Lopez
America September 29, 2026
Trump Launches America.gov AI Portal That…

What Americans Need to Know gov is now an AI-powered…

By – Samuel Lopez
America September 28, 2026
Pope Leo XIV Condemns France’s New…

What Readers Should Know Pope Leo XIV used his visit…

By – Samuel Lopez
America September 27, 2026
Strangers Collected $30 Million In ‘Illegal…

What You Need to Know 1. George A. Neukom Jr.’s estate…

By – Samuel Lopez
America September 26, 2026
Princess Diaries Star Heather Matarazzo Says…

WHY THIS MATTERS Heather Matarazzo just admitted something most working…

By – Samuel Lopez
America September 24, 2026
California’s $11 Billion Undocumented Immigrant Benefits…

By Samuel López | USA Herald SACRAMENTO – California is…

By – Samuel Lopez
America September 22, 2026
Hayden Panettiere’s Cause of Death Confirms…

What the Toxicology Findings Tell Us Hayden Panettiere’s death has…

By – Samuel Lopez
America September 28, 2026
JJ McCarthy Trade Sends Former First-Rounder…

Two years ago, a franchise spent a top-10 pick on…

By – Tyler Brooks
America September 26, 2026
New York Sues Polymarket Claiming Prediction…

What This Fight Is Really About New York says Polymarket…

By – Samuel Lopez
America September 24, 2026
New York Sues Polymarket Over Alleged…

What’s Riding on the Bet New York says Polymarket’s sports…

By – Samuel Lopez
America September 23, 2026
Roblox widow alleges $6 million scam,…

The Roblox widow says a former companion took $6 million…

By – Jackie Allen
America September 22, 2026
Network Traffic Challenges May be Reshaped…

Network traffic has traditionally moved in one dominant direction: from…

By – Jackie Allen
America September 21, 2026
Gilbert Goons Defendant Arrested Again for…

A Gilbert Goons defendant awaiting trial in the 2023 death…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter