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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...
Barry F. Levin provides high-level legal counsel on complex corporate and real estate transactions that shape the future of businesses across a wide variety of industries. His keen understanding of how legal issues intersect with business interests in these deals and other corporate matters stems...
Christie McGuinness focuses her practice on commercial litigation and disputes involving force majeure and white collar and government enforcement. Christie represents clients in a wide range of industries in cases alleging breach of contract and breach of fiduciary duty as well as disputes arising...
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...
The pharmaceutical industry faces a challenging business environment as competition drives down prices, R&D expenses rise, and government scrutiny deepens. However, companies have many options for navigating these challenges, generally by making deals with others in the field, including mergers and...
Elizabeth Witmer advises natural gas companies, public and private utilities and commercial developers about interstate pipeline development, eminent domain/condemnations, land use matters and appellate litigation. Through her more than 25 years of service to these clients, Elizabeth has become well...
Michelle Streifthau-Livizos represents clients in litigation matters, including disputes involving the Hatch-Waxman Act, patents, copyrights and trademarks. She handles cases involving various types of technology, including representations of pharmaceutical companies, life sciences companies...
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...
Marc Citron counsels a broad range of commercial enterprises on real estate deals and other business transactions that are key to their growth and evolution. During his more than 45 years of legal practice, Marc has advised clients ranging from real estate developers, retailers and the hospitality...
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...
Sarah Sullivan represents pharmaceutical companies involved in complex, high stakes patent litigation. Sarah concentrates her practice on Hatch-Waxman ANDA cases and disputes over the intellectual property behind branded pharmaceuticals. She is part of the Firm's nationally-recognized team for...