633 West 5th Street
Los Angeles, CA 90071-2043
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Professional Notes & Events
Misty A. Murray
Misty Murray is of counsel in Barger & Wolen’s Los Angeles office, and has been with the firm since 1998. Ms. Murray handles a diverse range of business, insurance and investment-related litigation issues in the state and federal courts.
Ms. Murray has extensive experience counseling and defending companies in the areas of unfair competition, class actions, insurance bad faith, managed care, coverage disputes, ERISA, agent and broker-dealer liability, STOLI and IOLI claims, insurance-related investment products and customer complaints, as well as FINRA disputes. She has also handled numerous appeals at the state and federal level.
During her tenure at Barger & Wolen, Ms. Murray has litigated hundreds of cases and her extensive experience enables her to provide exceptional legal representation and counsel in both pre- and post-litigation matters.
Ms. Murray is admitted to practice before all California state courts as well as the United States District Court for the Central, Southern, Eastern and Northern Districts of California and the Ninth Circuit Court of Appeals.
Ms. Murray’s representative matters include:
- Successfully defending life, health and disability insurers from bad faith claims and punitive damage awards.
- Successfully defending insurance companies and welfare benefit plans in claims for ERISA benefits and breach of fiduciary duties under ERISA in individual cases and class actions.
- Defeating class certification on behalf of life, health and disability companies sued for unfair business practices and other violations of California law.
- Successfully defending insurers in STOLI and IOLI cases from claims of fraud, unfair business practices and other consumer violations.
- Successfully defending FINRA claims brought against broker-dealers from claims of fraud, unsuitability, and breach of fiduciary duty.
- Southwestern University School of Law, J.D., magna cum laude, 1998
Lead Articles Editor, Southwestern Law Review
Oralist, Southwestern Moot Court Honor Program
- George Washington University, B.A., 1990
Articles & Publications
- Insurers That Fund ERISA Plans and Administer Claims Are Proper Defendants in Lawsuits for Benefits
(Barger & Wolen's Life, Health and Disability Insurance Law Blog, June 27, 2011)
- No Certification in Massive Wal-Mart Class Action
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, June 23, 2011)
- California Supreme Court Holds that Zip Codes Constitute “Personal Identification Information”
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, February 17, 2011)
- Patient Protection and Affordable Care Act of 2009 Now in Effect
(Barger & Wolen's Insurance Litigation & Regulatory Law Blog, September 27, 2010)
- Federal Mental Health Parity Interim Rules Published
(Barger & Wolen's Life, Health and Disability Insurance Law Blog, February 22, 2010)
- Federal Bill for Health Care Reform Unveiled
Analysis of H.R. 3200: America's Affordable Health Choices Act of 2009 (Barger & Wolen’s Life, Health and Disability Insurance Blog, July 17, 2009)
Notable Decisions and Reported Opinions
- Mony Life Ins. Co. v. Marzocchi, No. CIV S-10-2935 KJM DAD, 2012 U.S. Dist. LEXIS 45618, 2012 U.S. Dist. LEXIS 49048 (E.D. Cal., Apr. 5, 2012) (order granting motion to dismiss bad faith claim)
- Mony Life Ins. Co. v. Marzocchi, No. CIV S-10-2935 KJM CKD, 2012 U.S. Dist. LEXIS 49048 (E.D. Cal. April 6, 2012) (order granting motion to compel psychiatric records)
- Hake v. MassMutual, 2011 U.S. Dist. Lexis 87584 (D. Nev. 2011) (summary judgment granted as to entitlement to benefits)
- Kaldenbach v. United Of Omaha Ins. Co., 178 Cal. App. 4th 830 (2009) (affirming denial of class certification)
- Sgro v. Danone Waters of North America, 532 F.3d 940 (9th Cir 2008), 44 Employee Benefits Cas. 1225, 08 Cal. Daily Op. Serv. 8424, 2008 Daily Journal D.A.R. 10,214, C.A.9 (Cal.), July 02, 2008 (NO. 06-55916) (affirming dismissal of state law claims based upon ERISA preemption)
- Ticconi v. Blue Shield of California Life & Health Ins. Co., 160 Cal. App. 4th 528 (2008) (class certification issues)
- Monarch Life Ins. Co. v. Selby, NO. SACV 05-248 JVS (MLGx), 2008 U.S. Dist. LEXIS 84182 (S.D. Cal. January 4, 2008) (judgment awarding insurer $425,854.04 in benefits to which the insured was not entitled)
- Fid. & Guar. Life Ins. Co. v. Albertson, No. 07cv00045 BTM(LSP), 2007 U.S. Dist. LEXIS 87209 (S.D. Cal. November 26, 2007) (order granting motion to dismiss claims for waiver, estoppel and reformation)
- Finnell v. Equitable Life Assur. Soc’y, No. Civ. S-07-0129 RRB GGH, 2007 U.S. Dist. LEXIS 85355 (E.D. Cal. November 16, 2007) (summary judgment granted as to accident versus sickness policy provision and statute of limitations)
- The State Bar of California
- Los Angeles County Bar Association