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This month’s Friday Five explores two recent decisions that discuss limitations on benefits when both physical disability and disability arising from mental illness are alleged, whether remand of a claim by the court constitutes a new appeal or a continuation of the previous appeal, whether an order...

In It for the Long Haul: Covid, Long Covid, and Covid-Adjacent Claims Issues Caitlin Strauss will be speaking on a panel during the 2023 DRI Life, Health, Disability, and ERISA Seminar in New Orleans, Louisiana. Joining Caitlin on the panel is Lisa E. Montelongo-Connor, Unum and Joni Sobocinski, New...

This month’s Friday Five explores recent decisions that reflect the precise nature of rules and definitions in the context of ERISA claims. For example, effective dates of CFR code provisions and contractually defined limitation periods can draw specific points on the timeline of a case. Similarly...

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...

George Magnatta is chair of the firm's Public Finance Practice. His practice focuses on serving as bond counsel, underwriter's counsel, borrower's counsel, and tax counsel for states, cities, economic development authorities, housing authorities, and non-profit entities in the implementation and...

Sheldon Satisky concentrates his practice in sophisticated estate planning, wills and trusts, probate and trust administration, post-mortem tax planning, charitable giving, family succession planning and tax issues relating to these matters. He has spoken before various business, professional and...

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...

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...