Search
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...
The use of artificial intelligence (AI) to create works of art creates interesting legal challenges to the protection of intellectual property. A copyright infringement class action lawsuit has been filed against providers of AI software that is used to generate visual works of art based on...
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...
The use of artificial intelligence (AI) in health care, and specifically, as the utilization of software in medical devices continues to increase. Machine learning (ML) is a branch of AI in which computer systems automatically adapt, improve, and make predictions by applying algorithms to analyze...
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...
The use of artificial intelligence (AI) to create works of art and inventions raises interesting legal challenges to the protection of intellectual property (IP). The plain language of the Copyright Act and Patent Act present obstacles to inventors and artists who may use or be AI systems. Recent...
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...
Joseph Holmes represents employers in employment litigation, including cases related to harassment, discrimination, retaliation, breach of contract and fraud. His litigation experience ranges from preparing briefs and motions and arguing and defending discovery motions, to participating in oral...
Amy Kline is a commercial litigator whose practice is focused on the representation of insurers and reinsurers in complex civil litigation. She is co-chair of the firm's Insurance Group and a member of the Executive Committee. Amy has extensive trial and appellate experience in federal and state...
Caitlin Piccarello Strauss is a commercial litigator who represents companies in disputes involving insurance, employee benefits and ERISA, real estate, and restrictive covenants. As a leader of the Firm's Employee Benefits and ERISA Litigation team, she regularly defends insurers in life, health...
Pamela Goodwin represents clients in the energy, oil and gas, solid waste, agriculture and many other industries in matters involving environmental permitting, counseling and litigation. Drawing on more than 30 years of experience, Pamela assists with acquisition, development and siting of pipeline...
Joe Lipchitz represents businesses, officers, directors, and high-level executives in the technology, health care, financial services, and media industries in civil litigation nationwide, particularly in high-stakes disputes. Drawing on his more than 20 years of experience as a trial lawyer, Joe...
Jeff Robbins handles high-stakes litigation for companies and individuals who are entangled in corporate, shareholder, employment and a variety of other disputes, defending against or bringing defamation claims, or under corporate or congressional investigation. During his more than 35 years as a...
John Stoviak handles high-stakes litigation, complex trials and appeals for business, energy and environmental clients in courts throughout the United States, and he represents colleges, universities, and independent schools in delicate governance matters and issues. He has achieved two $100 million...