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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...
John P. Englert has almost 40 years of diverse environmental experience. Since 1994 John has practiced environmental law and before that he was an environmental consultant. In both capacities, he has served national and international companies in the energy, environmental and manufacturing sectors...
Michael Joyce assists clients with litigation, including a wide variety of commercial disputes and insurance matters. His commercial litigation experience includes high-stakes contractual disputes, intellectual property and software cases, trade secret misappropriation and other injunction matters...
Government is growing every day. Regardless of which political party is in power, the scope of government regulation at the state, county and local levels, and the impact of government on all types of business has regularly increased. Regardless of your type of business – manufacturing or finance...
Martin Doyle concentrates his practice in commercial real estate transactions, with an emphasis on real estate acquisitions and dispositions, finance, and leasing. Martin has represented clients in transactions involving a wide array of property categories, including office, shopping center, retail...
Howard Majev is a seasoned real estate attorney with extensive experience in acquisitions, dispositions, financings, development, and leasing of industrial, multi-family, retail, office, mixed-use, and sports properties, including stadium development. He has considerable experience with regards to...
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...
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...
Michael McNally represents clients in real estate transactions, including acquisitions, dispositions and refinancings. These transactions include work involving multi-family and commercial properties as well as vacant land planned for future residential, commercial or mixed-use development. His...