Azadpour v. Sun Microsystems, Inc.

Summary

The Ninth Circuit affirmed judgments against Mostafa Aram Azadpour in consolidated appeals concerning the denial of long-term disability benefits. The court upheld summary judgment, dismissal on res judicata grounds, dismissal of a fraud claim for failure to plead with particularity, and denial of remand because ERISA preempted the claims.

Holdings

1. The district court's summary judgment for defendants was affirmed because Azadpour did not challenge the district court's conclusions of law on appeal, and any such arguments were deemed abandoned.
2. Azadpour could not present purportedly new facts in opposition to summary judgment for the first time on appeal.
3. The district court properly dismissed the second action based on res judicata.
4. The district court properly dismissed the fraud claim for failure to state a claim.
5. The district court properly denied Azadpour's motions to remand because ERISA preempted his claims.

Questions Presented

1. Whether the district court properly granted summary judgment for defendants in the action concerning long-term disability benefits.
2. Whether the second action was barred by res judicata.
3. Whether the remaining fraud claim was adequately pleaded under the applicable pleading requirements.
4. Whether the district court properly denied remand because ERISA preempted Azadpour's claims.
5. Whether Azadpour could raise new facts or arguments for the first time on appeal.

Disposition

affirmed