READYLINK HEALTHCARE v. STATE COMPENSATION INS.

No. 12-56248.

754 F.3d 754 (2014)

READYLINK HEALTHCARE, INC., a Nevada Corporation, on behalf of itself and others similarly situated, Plaintiff-Appellant, v. STATE COMPENSATION INSURANCE FUND; Dave Jones, Insurance Commissioner, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2014.


Attorney(s) appearing for the Case

Seth A. Rafkin (argued) and Jennifer M. Bogue , Cooley LLP, San Diego, CA, for Plaintiff-Appellant.

Kamala D. Harris , Attorney General of California, Paul D. Gifford , Senior Assistant Attorney General, Felix E. Leatherwood , Supervising Deputy Attorney General, Brian D. Wesley (argued), Deputy Attorney General, Los Angeles, CA, for Defendant-Appellee Dave Jones, California Insurance Commissioner, in his official capacity.

Bruce D. Celebrezze (argued) and Benjamin E. Shiftan , Sedgwick LLP, San Francisco, CA; LaDonna Wallace , Jody A. DeBernardi , and Judith D. Sapper , State Compensation Insurance Fund, Santa Ana, CA, for Defendant-Appellee State Compensation Fund.

Before: JEROME FARRIS and ANDREW D. HURWITZ, Circuit Judges, and PAUL L. FRIEDMAN, District Judge.


OPINION

HURWITZ, Circuit Judge:

This case involves parallel judicial proceedings, one in state court and the other in federal court. Each was initiated by ReadyLink Healthcare, Inc. (ReadyLink), and each contended that a decision by the Commissioner of the California Department of Insurance (Commissioner) was preempted by Internal Revenue Service (IRS) regulations. The federal district court abstained, relying on Younger v. Harris,

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