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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...
Sondra Saporta assists employers with labor and employment disputes, including litigating and investigating claims relating to racial and gender discrimination, sexual harassment, retaliation, disability accommodations, and restrictive covenants. In addition to defending clients in civil litigation...
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...
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...
Erik Pramschufer's practice focuses on labor and employment law, including workplace litigation, dispute resolution and counseling. He litigates and advises clients under federal, state and local employment laws. A successful trial attorney, Erik has experience defending clients against lawsuits and...
Gary Lipkin represents companies and individuals in a wide array of corporate and commercial litigation matters. In his more than 20 years of legal practice, Gary has built an extensive track record handling cases before the nation's preeminent business court, the Court of Chancery of the State of...
Harriet Cooperman is an accomplished results-oriented strategic labor and employment attorney for publicly and privately held businesses and non-profits in court, at the negotiation table, and with executive leadership and management teams. She works closely with clients to develop and implement...
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...
Matthew Young represents clients who are involved in commercial lending and real estate disputes, as well as intellectual property litigation. Businesses and government entities, among others, rely on him to handle matters ranging from allegations of fraud and negligence to unfair competition and...
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...