636 F.3d 538 (9th Cir. 2011), 09-16810, California Shock Trauma Air Rescue v. State Compensation Ins. Fund
|Docket Nº:||09-16810, 09-16874.|
|Citation:||636 F.3d 538|
|Opinion Judge:||WALLACE, Senior Circuit Judge:|
|Party Name:||CALIFORNIA SHOCK TRAUMA AIR RESCUE, Plaintiff-Appellant, v. STATE COMPENSATION INSURANCE FUND; Zurich American Insurance Company; Zenith Insurance Company; Redwood Fire & Casualty Insurance Company; Seabright Insurance Company; Allied Property and Casualty Insurance Company; Employers Direct Insurance Company; XL Specialty Insurance Company; Applie|
|Attorney:||Kathryn Doi (argued) and John E. Fischer of Murphy Austin Adams Schoenfeld LLP, Sacramento, CA, for appellant California Shock Trauma Air Rescue. Moe Keshavarzi (argued), Frank Falzetta, and James F. McShane of Sheppard Mullin Richter & Hampton LLP, Los Angeles, CA; Peter Roan and Ronald D. Kurtz...|
|Judge Panel:||Before: J. CLIFFORD WALLACE, JOHN T. NOONAN, and BARRY G. SILVERMAN, Circuit Judges.|
|Case Date:||March 31, 2011|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
Argued and Submitted Jan. 14, 2011.
[Copyrighted Material Omitted]
Appeal from the United States District Court for the Eastern District of California, Morrison C. England, District Judge, Presiding. D.C. Nos. 2:09-cv-00090-MCE-JFM, 2:09-cv-00759-MCE-JFM.
These consolidated appeals arise from two separate actions that involve California Shock Trauma Air Rescue (CALSTAR). Both actions turn on the same jurisdictional question: is the expectation of a federal defense, without more, sufficient to establish federal jurisdiction over a state-law claim? Despite CALSTAR's arguments to the contrary, we reiterate that the well-pleaded complaint rule precludes the exercise of federal subject matter jurisdiction over purely state-law causes of action, like the one raised here.
CALSTAR provides air-ambulance rescue services to employees injured in the course of their employment, and whose employers are either self-insured or have
purchased workers' compensation insurance. CALSTAR alleges that these employers and various insurance companies (collectively, Employers) have underpaid CALSTAR for its services. Rather than pay the amount billed by CALSTAR, Employers have paid a lesser amount as specified under the...
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