Search

This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the admissibility of expert and lay testimony from a physician in a trial over LTD...

Katie Barrett Wiik and Doug Anderson will be co-presenting at a CLE seminar entitled “Appellate Practice for the Non-Specialist” through Minnesota CLE on August 29, 2024. The focus will be on state court (Minnesota) appeals. Their presentation is on “Overview of Appeals” and will cover the nuts and...

This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD benefits, LTD and LWOP policies, the breadth of discretion available to claims...

In an interview with Law360, Katie Barrett Wiik discusses a Supreme Court case in which the federal government is challenging the constitutionality of Tennessee's ban on gender-affirming care for minors, as well as two related pending petitions from transgender adolescents and their families in...

This month’s Friday Five explores decisions addressing the burden of proving accidental death, policy language and “any occupation” disability, an interpleader case where the insurer was not dismissed from the case, the weight to be afforded to non-treating expert opinions and SSDI determinations...

This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company. The Saul Ewing Employee Benefits/ERISA Litigation Team Whether a provider has sufficiently pleaded the existence of a valid...

Minnesota has a unique statute that allows minority shareholders in a closely held corporation to initiate an action for a buy-out of their interests. Minn. Stat. § 302A.751, subdivision 2. Under the Minnesota Business Corporation Act, a closely held corporation is a corporation with 35 or fewer...

This month’s Friday Five explores decisions from around the country discussing differences between LTD and LWOP policies, the breadth of discretion available to claims administrators and the always important topic of timely action by insurers in issuing claims decisions. The Saul Ewing Employee...

On April 4, Cindy Lehr retired from her role as chief staff attorney to the Minnesota Court of Appeals, a position she had held for more than 40 years. Cindy has been succeeded as chief by seasoned Staff Attorney Liz Keating. A few weeks into Liz’s tenure as chief staff attorney, she and Cindy sat...

MINNEAPOLIS, Minn. (APRIL 8, 2024) – Saul Ewing LLP today announced that partner Katherine “Katie” Barrett Wiik has been selected as a Fellow of the American Academy of Appellate Lawyers. The Academy is an invitation-only association of respected appellate lawyers where Fellows face stringent...

This month’s Friday Five covers the treatment of job-related stress in assessing an attorney’s disability, the requirements surrounding the qualifications of a medical professional to review a claimant’s medical records in making disability determinations, the requirements for determining disability...

This month’s Friday Five covers cases relating to an alleged conflict of interest leading to discovery, two courts’ opposite treatments of subjective pain complaints, a decision that claims of fraud and misrepresentation were not preempted by ERISA and a court’s deference to an insurer’s...

This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and prejudgment interest, deference to an insurer’s interpretation of a plan’s provisions...

This month’s Friday Five covers cases relating to the enforceability of contractual statute of limitations provisions described as a “labyrinth,” ERISA claims when the carrier allegedly misrepresents benefits, federal courts retaining ERISA jurisdiction following a related state court case, a court...

Appellate Practice And Procedure: Meet The New Court Of Appeals Judge - A Conversation With Judge Ede Governor Walz appointed Judge Ede to the Minnesota Court of Appeals in July. Prior to joining the appellate court, he served as a District Court Judge in Hennepin County. Judge Ede has had a...

This month’s Friday Five explores a decision ordering an IME prior to a ruling on summary judgment motions, the extent claims reporting records can be sealed, the scope of ERISA preemption in the context of removal, and two decisions awarding summary judgment for the defendant despite the plaintiffs...