Movsesian
Movsesian v. Victoria Versicherung Ag
Opinion
Opinion
PREGERSON, J.
Neil Michael Soltman, Los Angeles, CA, for the defendant/appellant.
Brian S. Kabateck, Los Angeles, CA, for the plaintiffs/appellees.
Before: HARRY PREGERSON, DOROTHY W. NELSON and DAVID R. THOMPSON, Circuit Judges.
Opinion by Judge PREGERSON; Dissent by Judge THOMPSON.
Judge Pregerson and Judge Nelson vote to grant the petition for rehearing and Judge Thompson votes to deny the petition for rehearing. The petition for rehearing is GRANTED.
The opinion and dissent filed on August 20, 2009, are hereby withdrawn. The opinion and dissent attached to this order are hereby filed.
New petitions for rehearing and rehearing en banc may be filed.
PREGERSON, Circuit Judge:
Section 354.4 of the California Code of Civil Procedure extends the statute of limitations until 2010 for claims arising out of life insurance policies issued to "Armenian Genocide victim[s]." Cal.Civ.Proc.Code § 354.4(c) (West 2006). The primary issue in this appeal is whether § 354.4 conflicts with a clear, express federal executive policy. We conclude that there is no express federal policy forbidding states to use the term "Armenian Genocide," and we affirm the district court.