Kai Weaver v. Aetna Life Insurance Company

FILED

NOT FOR PUBLICATION MAR 10 2010

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KAI WEAVER, on behalf of herself and No. 08-17512 all others similarly situated, D.C. No. 3:08-00037-LRH-VPC Plaintiff - Appellant,

v. MEMORANDUM *

AETNA LIFE INSURANCE COMPANY,

et al.,

Defendants - Appellees.

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Argued and Submitted February 12, 2010 San Francisco, California

Before: GOODWIN, BERZON and IKUTA, Circuit Judges.

Kai Weaver appeals from the judgment dismissing without prejudice under

Fed. R. Civ. P. 12(b)(6) her first amended, class-action complaint alleging financial

injury to class members, who purchased a group life-insurance policy from Aetna

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Life Insurance Company, administered by Western Insurance Specialities, Inc.

The alleged loss is premiums paid, commencing in 2004, for the…

concurring:

I agree that the judgment of the district court should be affirmed.

MEMORANDUM *

Kai Weaver appeals from the judgment dismissing without prejudice under Fed. R.Civ.P. 12(b)(6) her first amended, class-action complaint alleging financial injury to class members, who purchased a group life-insurance policy from Aetna Life Insurance Company, administered by Western Insurance Specialities, Inc. The alleged loss is premiums paid, commencing in 2004, for the group policy that allegedly was not finalized until 2006. This court reviews a district court’s dismissal under Fed.R.Civ.P. 12(b)(6) de novo and “can affirm on any ground supported by the record.” Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008).

Standing is the “essential and unchanging part of the case-or-controversy requirement of Article III” for a plaintiffs case. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). “A plaintiff must allege personal injury fairly traceable to the defendant’s allegedly unlawful conduct and likely to be redressed by the requested relief.” Daimler Chrysler Conp. v. Cuno, 547 U.S. 332, 342 , 126 S.Ct. 1854 , 164 L.Ed.2d 589 (2006) (citation and internal quotation marks omitted). Although economic injury can satisfy…