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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...

Jessica Lenoir, Ph.D., helps clients protect their intellectual property by drafting patent applications and preparing office action responses to the U.S. Patent and Trademark Office and foreign offices. In handling this work, Jessica draws on her knowledge from earning a doctorate in...

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...

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...

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...

Tom Murray is a patent agent who helps clients protect their intellectual property through patent preparation and prosecution, as well as analyses involving freedom to operate, non-infringement and invalidity. Tom also has experience with matters involving post-grant prosecutions. His IP work for...

Carl Everett has more than 42 years of experience helping manufacturers, oil and gas companies and many other types of businesses resolve disputes with the government and other parties over environmental remediation of polluted sites. He is deeply involved in cases involving the Superfund, including...

Lukas Pfannenstiel draws on his scientific background to assist clients in protecting their intellectual property. Lukas has a Ph.D. in cellular and molecular medicine from Johns Hopkins University School of Medicine, a bachelor's degree in cell biology from University of Kansas, and practical...

Yogini Bhavsar-Jog (Ph.D.) focuses on drafting and prosecuting patents in the areas including biochemistry, molecular biology, pharmaceuticals, biologics, nanotechnology, physics, chemical engineering and medical devices. In addition to the United States, Yogini is involved in managing prosecution...

Valerie O'Shea Murray, Ph.D., is a registered patent agent who prepares and prosecutes patent applications in a broad spectrum of technology areas, including biotechnology, immunology, chemistry, and life sciences. Valerie's intellectual property experience includes work for a variety of clients...

Jim Gkonos focuses his practice of almost 40 years on insurance and reinsurance regulatory matters, contract and treaty interpretation and reinsurance disputes. As a former division general counsel of a large domestic property and casualty carrier, Jim has significant experience with the regulatory...