AYLWARD v. SELECTHEALTH, INC.

No. 20-55653.

35 F.4th 673 (2022)

Naomi J. AYLWARD, individually and as personal representative for the Estate of Philip Aylward, Plaintiff-Appellant, v. SELECTHEALTH, INC., a Utah corporation, dba SelectHealth, Defendant-Appellee, and Does, 1-25 inclusive; Jeff Aylward, an individual; Todd Aylward, an individual, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 13, 2022.

Decided May 27, 2022.


Attorney(s) appearing for the Case

Eric S. Rossman (argued) and Erica S. Phillips , Rossman Law Group PLLC, Boise, Idaho; Lenden F. Webb , Webb Law Group APC, Fresno, California; for Plaintiff-Appellant.

Alan C. Bradshaw (argued) and Christopher M. Glauser , Manning Curtis Bradshaw & Bednar PLLC, Salt Lake City, Utah, for Defendant-Appellee.

Order; Opinion by Judge Wallace.


ORDER

The opinion in Aylward v. SelectHealth, Inc., 31 F.4th 719 (9th Cir. 2022), is amended as follows:

On page 728, replace <Because the only claims that can avoid Part C's administrative channeling are those that—as is the case here—were successfully resolved in favor of the claimant> with <Because Mr. Aylward's claim was successfully resolved in...

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