Search
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...
Don Lussier represents clients in complex matters involving a wide range of commercial assets across the United States, including real estate, corporate and commercial lending transactions. Clients appreciate his ability to efficiently identify the issues that really matter, and to find creative and...
Richard Forsten has more than 25 years of experience in land use and land use litigation, commercial and real estate transactions and litigation, financings, construction and mechanics' lien law, environmental law and permitting. His appearances in Delaware courts range from making en banc arguments...
Wendie Stabler provides trusted legal counsel to clients across the country on commercial real estate deals (including leases, dispositions and acquisitions) as well as developments, redevelopments and expansions. Wendie's legal work also includes a wide array of projects promoting sustainable...
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...
Dave Martin assists real estate companies, real estate investment trusts (REITs) and other businesses in complex acquisitions and dispositions of office, retail, industrial and multi-family properties, including multi-million dollar portfolios and joint venture arrangements, across the United States...
Matthew McGinnis represents commercial clients in real estate transactions, including financings, acquisitions, dispositions, leases, and purchase and sales agreements. Matthew’s experience with real estate financings includes advising balance sheet and private equity lenders in permanent financings...
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...
Kevin M. Levy focuses primarily on real estate matters, including property sales and acquisitions, leases, commercial real estate lending and borrowing, development projects and real estate tax appeals. Kevin also advised clients on COVID-19 regulatory compliance and has commented extensively on...
Industrial facilities are the hubs of manufacturing, storage and distribution operations across the U.S. With ever-increasing volumes of online orders, fast-delivery options and advanced technologies, these facilities produce, store, and distribute goods and materials at rapid rates—serving as the...