Bryant

Bryant v. American Seafoods Co.

Good Law
348 F. App'x 256
United States Court of Appeals for the Ninth CircuitOctober 9, 2009No. 08-35960California331 words

Opinion

Lead Opinion

MEMORANDUM *

The seamen concede that they did not incur liability or receive balance bills for additional medical expenses until after they informed them medical providers that they were not subject to state workers’ compensation limitations. Because the seamen did not receive balance bills from them medical providers until after they filed their third amended complaint, the seamen had suffered no injury-in-fact at the time the third amended complaint was filed and therefore lacked standing to bring their complaint. 1 See Lujan v. Defenders of Wildlife, 504 U.S. 555 , 569 n. 4, 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992) (plurality opinion); Didrickson v. United States Dep’t of Interior, 982 F.2d 1332 , 1339 (9th Cir.1992).

Nor do the seamen establish a “genuine threat” of future injury. See Thomas v. Anchorage Equal Rights Comm’n, 220 F.3d 1134 , 1139 (9th Cir.2000) (en banc). The seamen offer conclusory allegations regarding their risk of future liability, but adduce no evidence that any medical provider was dissatisfied with an employer’s initial payment before the seamen filed the third amended complaint. Likewise, the seamen adduce no evidence that the employers will not pay…

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