Mallon v. Independence Blue Cross, 2014 WL 2532404 (E.D. Pa. June 4, 2014), aff’d, 2015 WL 2372729 (3d Cir. May 19, 2015) – successfully represented a large health insurer in an ERISA class action challenging insurer’s subrogation practices. We won a motion to dismiss and successfully represented the client in the subsequent Third Circuit appeal (decision in client’s favor on briefs without oral argument).
Saltzman v. Independence Blue Cross 634 F. Supp. 2d 538, 563 (E.D. Pa. 2009), aff’d, 384 Fed. Appx. 107 (3d Cir. 2010) – we successfully defended a large health insurer in an ERISA class action challenging the insurer’s administration of its prescription drug benefits. We won a motion to dismiss and successfully represented the client in the subsequent Third Circuit appeal (decision in client’s favor on briefs without oral argument).
Fatyol v. Standard Insurance Co. (E.D. Pa.) – class action challenging the defendant’s assertion of subrogation rights to recover disability benefits paid under ERISA plans.
Sutton v. Capital Blue Cross (E.D. Pa.) – class action involving alleged violations of ERISA’s fiduciary duties and notice and disclosure provisions.
Kuhns v. Meridian Bancorp, Inc. (E.D. Pa) – ERISA class action attacking the conversion of a profit sharing plan to a defined benefit plan. We tried the case to verdict and obtained a successful result on appeal.
Rush v. Meridian Bancorp (E.D. Pa.) – class action involving claims of alleged “partial terminations” of two ERISA plans due to the sale of a subsidiary business.
Grider v. Keystone Health Plan Central, Inc. (E.D. Pa.) – class action alleging violations of RICO and other federal laws in connection with the payment of fees to physicians by a managed care plan.
Fiduciary Duty Dispute Experience
Representative cases include:
Express Scripts, Inc. v. UFCW Local 1776 and Participating Employers Health and Welfare Fund – Represented Taft-Hartley plan in American Arbitration Association proceeding, successfully pursuing counterclaim for breach of fiduciary duty and prohibited transactions resulting in seven figure award for client.
Fastener Dimensions, Inc. et al. v. MassMutual – Represented as ERISA counsel life insurer in class action in Southern District of New York arising out of alleged fraudulent conduct of former agent in the sale of life insurance policies in connection with a retirement plan. Created strategy and wrote motion and brief for motion to dismiss that resulted in dismissal of action based on MassMutual’s lack of fiduciary status under ERISA.
Harley v. Bank of New York Mellon – Represented pension plan of WellSpan Health System claiming bank trustee failed to execute its investment instructions, resulting in a loss of over $1.7 million in investment gains. Tried to verdict in the Southern District of New York.
Alco Industries Inc. v. Wachovia Corp., 527 F. Supp. 2d 399 (E.D. Pa. 2007) – defended investment manager against claims by sponsor of defined benefit plan seeking over $60 million in damages based on alleged breach of fiduciary duties to invest prudently and adequately diversify plan’s investment portfolio, obtaining favorable settlement shortly before trial.
Pressman-Gutman ,Co., Inc. v. First Union National Bank – retained in the middle of case to assume defense of claims for over $30 million in damages by sponsor of profit sharing plan based on investment manager’s alleged failures to invest plan assets prudently and with adequate diversification, obtaining favorable settlement for client.
Sutton v. Capital Blue Cross (E.D. Pa.) – class action involving alleged violations of ERISA’s fiduciary duties and notice and disclosure provisions.
Kuhns v. Meridian Bancorp, Inc., 1993 WL 34786, at *1 (E.D. Pa. Feb. 8, 1993), aff’d in part, rev’d in part, 68 F.3d 456 (3d Cir. 1995) – ERISA class action attacking the conversion of a profit sharing plan to a defined benefit plan. We tried the case to verdict and obtained a successful result on appeal.
Rush v. Meridian Bancorp, 1994 WL 18233, at *5 (E.D. Pa. Jan. 19, 1994) – class action involving claims of alleged “partial terminations” of two ERISA plans due to the sale of a subsidiary business.
Harley v. Bank of New York Mellon, 2017 WL 78901, at *1 (S.D.N.Y. Jan. 9, 2017)
Denial-of-Benefit Dispute Experience
Representative cases include:
Lanegan v. Unum Life Ins. Co. of Am., 2017 WL 569524 (E.D. Pa. Feb. 13, 2017) – obtained dismissal of denial of benefit and fiduciary duty claims based on statute of limitations in dispute over ERISA-governed life insurance benefits
Fife v. National Rural Electric Cooperative Association 2014 WL 4470718 (N.D. Ala. Sept. 10, 2014) (Benefit dispute) – obtained summary judgment for a self-funded ERISA plan on a disputed disability benefits claim
Friedland v. Unum Group, 50 F. Supp. 3d 598, 603 (D. Del. 2014) – obtained dismissal of ERISA, state law and RICO claims in dispute over ERISA disability benefits
Hite v. National Rural Electric Cooperative Association, No. 3:08-CV-00056 – RRB (Slip. Op.) (D. Alaska March 12, 2009) – obtained summary judgment on ERISA life insurance claim.
Breon v. Sovereign Bancorp, Inc., 2008 WL 906488 (M.D. Pa. March 31, 2008) – obtained summary judgment in favor of a bank holding company against claims that its subsidiary (a) wrongfully terminated the plaintiff’s employment to interfere with his qualification for certain ESOP benefits (allegedly in violation of ERISA § 510) and (b) wrongfully denied him certain stock options and bonuses (allegedly in violation of state law).
Das v. UNUM Life Ins. Co. of America, 2007 WL 748671 (3d Cir. March 13, 2007) – summary judgment and successful defense on appeal of denial of disability benefits.
Marx v. Meridian Bancorp, Inc. LTD Plan, 32 Fed Appx. 645 (3d Cir. 2002) – summary judgment and successful defense on appeal of denial of disability benefits and claims arising under ERISA’s notice and disclosure provisions.
Lane v. UNUM Life Ins. Co. of America, 293 F. Supp. 2d 477 (M.D. Pa. 2003) – summary judgment on claims challenging use of offsets in calculation of disability benefits.
Hartman v. Wilkes Barre General Hosp., 237 F. Supp. 2d 552 (M.D. Pa. 2003) – motion to dismiss regarding scope of remedies under ERISA’s civil remedy provisions.
Sell v. UNUM Life Ins. Co. of America, 2002 WL 31630707 (E.D. Pa. Nov. 19, 2002) – summary judgment on denial of disability benefits.
Murphy v. MetLife, 2001 WL 1167489 (E.D. Pa. Sept. 14, 2001) – summary judgment on denial of disability benefits.
Top Hat Plan Dispute Experience
Representative cases include:
Moore v. Acme Corrugated Box Co., 1998 WL 404362 (E.D. Pa. July 6, 1998), aff’d, 182 F.3d 904 (3d Cir. 1999) – won trial over claim for allegedly “vested” benefits by proving that the plan was a “top hat” plan and successfully defended verdict in Court of Appeals.
Preemption Matters
Representative cases include:
Barber v. UNUM Life Ins. Co. of America, 383 F.3d 134 (3d Cir. 2004) – successfully argued Third Circuit appeal and obtained decision holding that ERISA preempts claims under Pennsylvania’s bad faith statute
Lanegan v. Unum Life Ins. Co. of Am., 2017 WL 569524 (E.D. Pa. Feb. 13, 2017) – obtained dismissal of state law claims in dispute over ERISA-governed life insurance benefits based on ERISA preemption
Friedland v. Unum Group, 50 F. Supp. 3d 598, 603 (D. Del. 2014) – obtained dismissal of state law claims in dispute over ERISA disability benefits based on ERISA preemption
Department of Labor Investigation Experience
Representative matters include:
An investigation into an employer’s termination of its ESOP and alleged violations of fiduciary duty in the valuation of the ESOP’s shares repurchased by the employer
An investigation into alleged breach of fiduciary duty by trustees of a self-funded Multiple Employer Welfare Arrangement (or “MEWA”) that became insolvent resulting in millions of dollars of unpaid benefits.
An investigation into an employer’s diversion of employee contributions to a 401(k) plan.
An investigation into a trustee’s actions in connection with the liquidation of a collective investment fund offered to Taft-Hartley multi-employer plans.
An investigation into alleged prohibited transactions involving the payment of royalties for endorsements in connection with an association-sponsored MEWA.
Non-ERISA and Bad Faith Experience
Representative matters include:
Sigal v. General American Life Ins. Co., 2013 WL 4504456 (W.D. Pa. 22, 2013) – obtained dismissal of bad faith claim on statute of limitation grounds.
Township of Spring v. Standard Ins. Co., 2011 WL 2162908 (E.D. Pa. June 1, 2011), aff’d, 497 Fed. Appx. 211 (3d Cir. 2012) – obtained summary judgment and successfully defended appeal for client and its “retirement services” subsidiary in case involving alleged breach of fiduciary duty and breach of contract in the liquidation of a municipal pension plan’s investment portfolio to complete plan’s transition to new custodian.
Massachusetts Mutual Life Ins. Co. v. Jordan, 2011 WL 1770435 (S.D. W.Va. May 9, 2011) – obtained summary judgment affirming a life insurer’s right to rescind a life insurance policy based on misrepresentations in the policy application.
Pappas v. UNUM Life Ins. Co. of America, 2000 U.S. Dist. LEXIS 11309 (E.D. Pa. Aug. 10, 2000), aff’d., 261 F.3d 492 (3d Cir. 2001), denied, 534 U.S. 1129 (2002) – successful jury trial of bad faith claim and counterclaim for unjust enrichment followed by successful defense of appeal and certiorari petition.
Pfleger v. City of Reading, 1996 WL 377112 (E.D. Pa. June 26, 1996), aff’d, 111 F.3d 127 (3d Cir. 1997) – successfully defended City of Reading against pension claims involving longevity pay for management employees.
