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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...
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...
Julie Workman draws on more than two decades of experience in real estate and land use law to help clients carry their commercial and residential projects from concept to completion. Her work begins with negotiating contracts for property acquisitions and dispositions and quarterbacking...
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...
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...
Navigating the Complex World of Tax Law Saul Ewing's Tax Practice offers focused, in-depth knowledge of the intricacies associated with federal, state, and local tax law. The role of the Tax Practice is to provide clients with advice and representation in a wide variety of tax-related legal issues...
Luis Flores represents developers nationally in the acquisition, construction, development, leasing, refinancing and sale of vacant land, condominium projects, multifamily housing apartment complexes, hotels, commercial shopping centers, and commercial office buildings. Luis is also highly...
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...
Harry Shapiro's practice focuses on taxation law, tax litigation and tax-exempt financing law. He has handled matters for multinational companies, non-U.S. corporations having U.S. businesses, pass-through entities, professional associations and wealthy individuals, as well as for numerous tax...
Mary Harmon focuses her practice on advising corporations and passthrough entities on tax and contractual issues. Clients look to her for counsel on U.S. federal, state, local, and foreign tax compliance and planning issues, including matters relating to subchapter C, subchapter K, subchapter S and...