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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...

Companies planning to develop and commercialize medical devices or diagnostics face a challenging financing, regulatory, reimbursement and liability environment. Saul Ewing attorneys are experienced in helping medical device and diagnostic companies navigate these challenges. Many members of our...

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...

Government is growing every day. Regardless of which political party is in power, the scope of government regulation at the state, county and local levels, and the impact of government on all types of business has regularly increased. Regardless of your type of business – manufacturing or finance...

Jeff Shapiro handles sophisticated litigation nationwide for companies facing allegations of defective products and other crises that threaten their business, often in the context of multi-district litigation and class actions. During his 40 years as a trial lawyer, manufacturers of medical devices...

Peri Berger represents clients facing complex commercial disputes involving breach of contract, fraud, business ownership and control, intellectual property, trade secrets and other threats related to their operations in state and federal courts in New York, New Jersey and across the country. Peri...

Teresa "Terri" R. Tracy represents management in labor and employment litigation and related legal matters. Her experience includes issues involving wrongful termination, discrimination, wage and hour, class action, union organizing campaigns, grievances and arbitrations, and collective bargaining...

Casey Grabenstein handles complex commercial litigation for clients nationwide across an array of industries. His litigation experience includes class actions involving securities, consumer fraud, and ERISA, including defeating class certification in multiple cases for a leading insurance company...

Lisa Koblin assists employers with labor and employment disputes, including litigation of discrimination, harassment, retaliation, unpaid wage and class action claims in state and federal courts as well as mediation. She provides counseling on employee handbooks and policies, non-compete agreements...

Matt Kohel represents clients in commercial litigation, intellectual property matters, and data privacy issues. Clients in an array of industries rely on Matt to protect their interests in courts across the United States and in arbitrations on matters involving allegations of breach of contract...