FILED
NOT FOR PUBLICATION MAY 21 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LINDA ZAGON, No. 13-55866
Plaintiff - Appellant, D.C. No. 2:10-cv-08846-GAF-
MAN
v.
AMERICAN AIRLINES, INC. LONG MEMORANDUM*
TERM DISABILITY PLAN,
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Gary A. Feess, District Judge, Presiding
Submitted May 14, 2015**
Pasadena, California
Before: BEA and FRIEDLAND, Circuit Judges and RICE,*** District Judge.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Thomas O. Rice, United States District Judge for the
Eastern District of Washington, sitting by designation.
1
Linda Zagon appeals the district court’s order granting summary judgment
to American Airlines, Inc. Long Term Disability Plan (“Plan”). We review de
novo, Nolan v. Heald College, 551 F.3d 1148, 1153 (9th Cir. 2009), and affirm.
The district court properly declined Zagon’s invitation to incorporate
California’s notice-prejudice rule into ERISA federal common law. First, federal
precedent has repeatedly emphasized ERISA’s primary interest in protecting
contractually defined benefits, see Black & Decker Disability Plan v. Nord, 538
U.S. 822, 830 (2003), and enforcing a plan as written, see Heimeshoff v. Hartford
Life & Accident Ins. Co., 134 S. Ct. 604, 611-12 (2013). Judicial review focuses on
the terms of the plan—terms that employers are given “large leeway” to design,
Nord, 538 U.S. at 833, and upon which the parties have come to rely. Here, the
Plan explicitly warns beneficiaries that it will not, without exception, consider a
claim filed beyond the one-year submission window. No argument can be made,
nor was one made here, that this deadline is unreasonable or otherwise conflicts
with ERISA’s provisions.
Second, although we recognize the general duty of federal courts to
formulate federal common law to supplement the explicit provisions and
underlying purposes of ERISA, Menhorn v. Firestone Tire & Rubber Co., 738 F.2d
1496, 1500 (9th Cir. 1984), this case does not necessitate such judicial legislation.
2
“[F]ederal courts may not lightly create additional rights under the rubric of federal
common law; we may exercise our common law authority to fashion new ERISA
causes of action only where we deem it necessary to fill in interstitially or
otherwise effectuate the statutory pattern enacted in the large by Congress.” Scharff
v. Raytheon Co. Short Term Disability Plan, 581 F.3d 899, 908 (9th Cir. 2009)
(declining to supplement the comprehensive scheme surrounding disclosure rules
under ERISA and its implementing regulations) (citation omitted); see also Nord,
538 U.S. at 833-34 (concluding that whether the treating physician rule, derived
from the Social Security context, should be incorporated into ERISA federal
common law is best left to the Legislature and Secretary of Labor).
Zagon’s proposal would undermine, rather than effectuate, the statutory
pattern Congress enacted. ERISA preempts all state laws that would otherwise
govern employee-benefit plans except for those laws that govern insurance-based
plans. Cisneros v. UNUM Life Ins. Co. of Am., 134 F.3d 939, 944-45 (9th Cir.
1998). California’s notice-prejudice rule is exclusively a creature of state insurance
law. UNUM Life Ins. Co. of Am. v. Ward, 526 U.S. 358, 371 (1999) (“[The notice-
prejudice rule] is an application of a special order, a rule mandatory for insurance
contracts, not a principle a court may pliably employ when the circumstances so
3
warrant.”). Extending an insurance-based rule to uninsured plans, such as the Plan
at issue here, would defeat the distinction Congress made between insured and
uninsured plans. See Metro. Life Ins. Co. v. Massachusetts, 471 U.S. 724, 747
(1985).
Accordingly, the district court’s grant of the Plan’s motion for summary
judgment and denial of Zagon’s motion for summary judgment is AFFIRMED.
4