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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...
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...
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...
Sherry Flax concentrates her practice on matters dealing with intellectual property law, with an emphasis on trademarks and copyrights. She assists clients in securing and protecting their rights in commercially valuable property through U.S. and international trademarks and copyrights, domain names...
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...
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...
Teresa "Terri" R. Tracy represents management in labor and employment litigation and related legal matters. Her experience includes issues involving wrongful termination, discrimination, wage and hour, class action, union organizing campaigns, grievances and arbitrations, and collective bargaining...
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...
Sean Ritchie advises clients on how to protect their intellectual property and assists them in doing so by drafting, filing, prosecuting and enforcing patents and trademarks. He also counsels on the patentability of their IP and on patent infringement issues, and litigates these issues when needed...
Joseph Kuo's practice encompasses a broad range of experience in intellectual property law, including patents, trademarks, unfair competition, copyrights, false advertising, and trade secrets. Joseph has counseled a wide array of clients ranging from large established companies, to young start-up...