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This month's Friday Five covers cases relating to issue preclusion, coverage where the policy terms are inconsistent with the parties’ behavior, application of the abuse of discretion standard of review, applicability of a waiver of premium provision and compliance with a mandatory appeals process...
This month’s Friday Five covers cases relating to potential impacts of COVID-19, full and fair review of the claim file, an attempt to use an insurer’s internal policy against itself, and a “second bite at the apple” by amending a complaint for denial of benefits to include a claim for breach of...
This month’s Friday Five covers cases relating to discovery in ERISA benefits cases, an appellate court strictly interpreting ERISA regulatory deadlines, a district court authorizing an ERISA breach of fiduciary duty claim based on alleged misrepresentations from an employer, another district court...
This month’s Friday Five explores recent decisions that illustrate the importance of the administrative record built by a claims administrator, and the impact that the depth and thoroughness of the record will have on litigation over claims decisions. Whether reviewing claims under the de novo...
This month’s Friday Five covers cases relating to augmentation of the administrative record following new rationales, attempted alternative ERISA causes of action, untimely ERISA claims, plans governed by ERISA even in the absence of a written plan document, and the limited weight given to residual...
This month’s Friday Five covers cases relating to the interpretation of time periods for claims under life insurance and disability plans, a situation where three separate administrators handled a disability benefits claim (but came to different decisions), the Eleventh Circuit’s parsing of...
This month’s Friday Five covers cases relating to interpretation of ambiguous policy terms, evaluation of claimant’s expert witness, inclusion of law firms as appropriate parties from whom plan administrators may seek equitable relief, transfer of cases from the claimant’s choice of venue, and...
This month’s Friday Five addresses cases considering: (1) whether monetary relief in the amount of lost benefits is an available remedy for breach of fiduciary duty; (2) the validity of an ex-spouse’s beneficiary designation that contradicts a subsequent divorce decree; (3) if waiver of a pre...
See Eidelman on Page 11
This month’s Friday Five covers cases relating to interpretation of regulatory deadlines, the enforceability of discretionary clauses, circuit courts going both ways on appeals from summary judgment rulings in favor of plans, and a benefits award for a former professional football player where the...
Zachary Berk focuses his practice on complex civil litigation matters, with concentrations in business and real estate litigation. His experience also includes representing clients in consumer financial services, intellectual property, employment and trade secret related matters. Zach regularly...
John Meigs concentrates his practice in planning and problem solving for wealthy individuals, their families and property interests, both in the United States and abroad. This includes a substantial amount of work on estate planning and estate and trust administration and on tax aspects of planning...
Nancy Slowe concentrates her practice in estate planning and estate administration. She has significant experience in the design and implementation of estate planning instruments, family wealth transfer arrangements and in sophisticated estate and trust administration matters. Her practice also...
Howard Miller is a seasoned business, estates and trusts lawyer who represents clients ranging from single-owner businesses to large family-owned and public companies. His experience spans from representing clients in deals to buy and sell businesses valued up to $150 million and serving as executor...
Jim Gkonos focuses his practice of almost 40 years on insurance and reinsurance regulatory matters, contract and treaty interpretation and reinsurance disputes. As a former division general counsel of a large domestic property and casualty carrier, Jim has significant experience with the regulatory...
David Brown helps family businesses and high-net worth individuals navigate legal issues connected to the preservation and transfer of their wealth to subsequent generations or other interested parties. He focuses in particular on estate planning, charitable planning, and trust and estate...
The challenges facing closely held and family businesses are unique. It's business and it's personal, all at once. From executing leadership changes in a manner that preserves peace at Thanksgiving to advising on critical compensation decisions, Saul Ewing attorneys regularly represent family...
Erin Westbrook assists clients in the food, beverage, agribusiness and cannabis industries with matters involving their intellectual property and business disputes. Her experience includes counseling and litigation involving trademarks, patents, copyrights, trade secrets and contracts, and she...
A partner in the Trusts & Estates Practice, Russell Fishkind focuses his practice on high net worth estate planning, business succession planning, family office consulting, estate administration and probate litigation. Prior to joining the Firm, Russell served as Chair of the Trusts & Estates Team...
Saul Ewing’s Trusts & Estates group is a nationwide team featuring more than 40 attorneys across 10 offices. We work with individuals and families on succession planning and wealth transfer, counsel closely-held businesses on governance, growth and restructuring, and litigate and resolve disputes of...