There were recent milestones in CDA’s lawsuit against Delta Dental of California, and we’re proud to keep you updated.
The CDA sent out the following email update regarding the lawsuit:
Dear members and colleagues,
We recently wrote to you about a critical milestone in CDA’s lawsuit against Delta Dental of California, and we’re proud to share another milestone today.
Following a hearing in September, the Superior Court judge ruled in favor of CDA and the individual dentist-plaintiffs on several threshold issues and agreed there were sufficient allegations to proceed on the claim that Delta Dental breached the implied covenant of good faith and fair dealing in their 2023 contract amendments.
At that time, the court also granted CDA and individual plaintiffs the ability to amend the fiduciary duty claims with additional facts for consideration, including those against individual Delta Dental officers, directors and executives. The fiduciary duty claims are aimed at the specific legal obligations of the board and executive management. CDA and the individual plaintiffs allege that Delta Dental and its board must take into account the impact to dentists and their patients, not just look to enhance profits of the company and compensation of the executive management. The lawsuit alleges that some of the actions with regard to fees and contract amendments were taken without any consideration of those impacts.
What is the new milestone?
This November, CDA filed a second amended complaint to pursue as many actionable claims against Delta Dental as possible on behalf of members.
Delta Dental will respond to the complaint in early January, either with an answer or a motion to dismiss. In the meantime, the case continues in the discovery phase, during which CDA and Delta Dental will exchange information through document requests and depositions. Please know this process can take many months.
How can you stay connected?
Litigation of this scope takes time and is costly. We appreciate your ongoing membership and support as we pursue benefit plan transparency, accountability and fair dealings through both legislative advocacy and legal action.
Read our article on the Delta Dental lawsuit status and next steps.
Learn about the new bills we’ve been able to get signed into law.
Check our Action Center for updates, FAQ and member resources
The San Diego County Dental Society is dedicated to keeping you informed regarding this CDA vs Delta Dental lawsuit. Stay tuned for new updates.
