Misty is a seasoned attorney with experience handling a diverse range of life, health and disability insurance litigation in both state and federal courts. She is a member of Maynard Nexsen’s Insurance and Financial Services Litigation Practice and ERISA Practice.
Misty counsels and defends insurers in matters involving coverage disputes, unfair competition, welfare benefits plans concerning ERISA benefit claims and breach of fiduciary duty, as well as insurance bad faith. She advises and defends insurers and managed care entities in matters involving provider contract and billing disputes, medical necessity, level of care, and coordination of benefits, as well as state and federal Parity Act claims. She also works with insurance agents and broker-dealers in matters involving breach of fiduciary duty, suitability, insurance-related investment products, and FINRA disputes.
On behalf of her clients, Misty has successfully defended health insurers and managed care organizations in arbitration and court actions against provider contract and billing disputes. She has also successfully defended life, health and disability insurers from bad faith claims and punitive damage awards. Her specific ERISA background include 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. She has defeated class certification on behalf of life, health and disability companies sued for unfair business practices and other violations. Misty has successfully defended insurers in STOLI and IOLI cases from claims of fraud, unfair business practices and other consumer violations. Her experience also includes successfully defending FINRA claims brought against broker-dealers from claims of fraud, unsuitability, and breach of fiduciary duty.
Prior to Maynard, Misty worked with a national law firm in Los Angeles where she was a member of the executive committee and served as the former leader of the firm's Business Litigation Practice Group and co-chair of the women’s affinity group.
Community & Professional
- Los Angeles County Bar Association
- The State Bar of California
Bourban v. AXA Equitable Life Ins. Co., 2023 WL 2370963 (C.D. Cal. Jan. 5, 2023)
- Bird v. Metro. Life Ins. Co., 2021 U.S. Dist. LEXIS 187280 (C.D. Cal. Sep. 29, 2021)
- Ovalles v. Transamerica Investors Securities. Corp., FINRA Case. No. 20-03645
- Regents of the Univ. of Cal. v. Beacon Health Options, Inc., 2020 U.S. Dist. LEXIS 246683 (C.D. Cal. Sep. 10, 2020)
- Castillo v. Metro. Life Ins. Co., 970 F.3d 1224 (9th Cir. 2020)
- Bircher v. Metro. Life Ins. Co., 2020 U.S. Dist. LEXIS 87011 (C.D.Cal. May 16, 2020), aff’d 2021 U.S. App. LEXIS 20393 (9th Cir. Cal., July 9, 2021)
- Lamb v. Transamerica Premier Life Ins. Co., 2019 U.S. Dist. LEXIS 42841 (C.D. Cal. March 14, 2019)
- Hong v. AXA Equitable Life Ins. Co., 2018 U.S. Dist. LEXIS 205336 (N.D. Cal. Dec. 4, 2018)
- Laschkewitsch v. Transamerica Life Ins. Co., 714 Fed. Appx. 275 (4th Cir. 2018)
- Sanchez-Levine v. Metro. Life Ins. Co., 2017 U.S. Dist. LEXIS (C.D. Cal. Sept. 26, 2017)
- Fowkes v. Metro. Life Ins. Co., 2017 U.S. Dist. LEXIS 10578 (E.D. Cal. Jan 25. 2017)
- Leonard v. MetLife Ins. Co., 645 Fed. Appx. 544 (9th Cir. 2016)
- Dorfman v. Mass. Cas. Ins. Co., 2015 U.S. Dist. LEXIS 156796 (C.D. Cal. 2015)
- Mony Life Ins. Co. v. Marzocchi, 857 F. Supp. 2d 993 (E.D. Cal. 2012)
- U.S. Bancorp Investments, Inc. v. Madison, FINRA Case No. 12-03991
- Hake v. MassMutual, 2011 U.S. Dist. Lexis 87584 (D. Nev. Aug 8, 2011)
- Kaldenbach v. United Of Omaha Ins. Co., 178 Cal. App. 4th 830 (2009)
- Sgro v. Danone Waters of North America, 532 F.3d 940 (9th Cir. 2008)
- Ticconi v. Blue Shield of California Life & Health Ins. Co., 160 Cal. App. 4th 528 (2008)
- Monarch Life Ins. Co. v. Selby, 2008 U.S. Dist. LEXIS 84182 (S.D. Cal. January 4, 2008)
- Fid. & Guar. Life Ins. Co. v. Albertson, 2007 U.S. Dist. LEXIS 87209 (S.D. Cal. November 26, 2007)
- Finnell v. Equitable Life Assur. Soc'y, , 2007 U.S. Dist. LEXIS 85355 (E.D. Cal. November 16, 2007)
- State Bar: California
- U.S. District Court: California (Central, Eastern, Northern, Southern)
- U.S. Court of Appeals: Ninth Circuit