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5 May 5:07 am by Michael J. Hassen
... of Limitations Expired Long Before Plaintiffs Filed Class Action Fifth Circuit Holds Plaintiffs filed a class action against their life insurer, Metropolitan Life, for breach of contract. Beavers v. Metropolitan Life Ins. Co., ___ F.3d ___, 2009 WL 1067035, *1 ( ... have been parties had the suit been permitted to continue as a class action." American Pipe & Const. Co. v. Utah, 414 U.S. 538, 554 (1974). The Circuit Court readily concluded that American Pipe ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
17 Oct, 2008 7:11 pm by Suhasini
A class action suit filed by 150 claimants in Madison County claims that they were unaware of the dangers of asbestos exposure because of false and misleading information provided. The case, against Metropolitan Insurance Co. and John Crane, says that false and misleading reports were published in order to maintain a favorable atmosphere for the continued sale, use and distribution of asbestos.
Legal Radar - http://www.legalradar.com/
21 Jun, 2008 3:32 am by Michael Stevens
... review of claim denials. Click here for the SCOTUS Wikipedia summary and anaysis of Met Life v. Glenn. However, my question is whether or not the same analysis for conflicts of interest ... conflict with any superior duty that it might owe to someone else. See Farmland Mut. Ins. Co. v. Johnson, 36 S.W.3d 368, 380 (Ky. 2000) ("[A] ... UM) and underinsured (UIM) motorist claims, claims for collision coverage Farmland Mutual Insurance Co. v. Johnson, 1998 KY 15048 (KYCA, 1998)( a bad faith action is based ...
Kentucky Law Blog - http://www.kentuckylawblog.com/
6 Mar, 2007 4:55 pm
Who here hasn't filed a motion for attorney's fees? Pretty much everyone has. So this case is helpful, if only to provide some quick reminders about various pitfalls that counsel and/or judges can hopefully avoid: (1) For Judges: Don't cut hourly rates merely because you think they're excessive. You've got to have some evidence for what you've done. Judge Anderson thought that the $400/hour rate in an ERISA case was way too high and cut it to $250/hour. But Judge Fisher reverses. There's gotta ...
California Appellate Report - http://calapp.blogspot.com/index.html
22 Oct 10:00 am by Rita Piel
Filed October 20, 2009 Opinion by Judge J. Frederick Motz Held: Summary judgment granted to defendant insurance company, MetLife, because it did not abuse its discretion under ERISA in terminating plaintiff's long term disability ("LTD") benefits based on the reports of independent consultant physicians who reviewed plaintiff's medical records and did not do their own vocational review or actual physical examination of the plaintiff. Facts: In March 2007, the plaintiff submitted a claim for LTD ...
Maryland Business Law Developments - http://marylandbusinesslawdevelopments.blogspot.com/
20 Aug, 2007 4:56 am
Metropolitan Life Insurance Co. and Bancorp Services LLC are back in the ring again. Bancorp has filed a complaint alleging that MetLife is infringing a patent for a system that administers and tracks the values of insurance policies in separate ... against MetLife for a related patent (U.S. Patent No. 5,926,792) directed to a system for administering separate account life insurance policies. Bancorp has appealed this decision to the U.S. Court of Appeals for the Federal Circuit. Before this loss, ...
InsureReinsure.Com: The Insurance & Reinsurance Blog - http://www.insurereinsure.com/
17 Jun 11:10 am by Goldberg Segalla LLP
Cohen v. Metropolitan Life Ins. Co. (2nd Cir., June 9, 2009) The Second Circuit upheld a district court's ruling that an insurer's denial of life insurance benefits was arbitrary and capricious. The court, in upholding the district court's decision, concluded that its rationale that it had a "pre-existing condition" was questionable especially when one factors that the insurer was operating under an actual conflict of interest as both an administrator and fiduciary to the ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
25 Mar, 2008 5:04 am by traceydennis
/**/ Wakefield Metropolitan District Council v T [2008] EWCA Civ 199; [2008] WLR (D) 91 "A supervision order made pursuant to s 31 of and para 6 of Sch 3 to the Children Act 1989 had an initial life of 12 months and could be extended for a further two years maximum." WLR Daily, 20th March 2008 Source: www.lawreports.co.uk Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Current Awareness Weblog - http://innertemplelibrary.wordpress.com
14 Apr, 2008 1:35 am by sally
Wakefield Metropolitan District Council v T Court of Appeal "A child supervision order had an initial life of 12 months and could be extended for a further two years maximum." The Times, 14th April 2008 Source: www.timesonline.co.uk Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Current Awareness Weblog - http://innertemplelibrary.wordpress.com
6 Feb, 2008 1:46 pm by standdown
... 18-year-old high school senior at the time (she was a sophomore), is serving a life sentence for capital murder. Death penalty was possible It could have been worse ... Prosecutors did not seek the death penalty, so conviction automatically meant a life sentence. It's not exactly the sort of case lawmakers had in mind when they ... party who harms or kills the child against the wishes of the mother." Speaking of the Flores case, a co-author of the law, Rep. Ray Allen, R-Grand Prairie, told the Associated ...
StandDown Texas Project - http://standdown.typepad.com/weblog/
26 Sep, 2007 3:06 am by Gritsforbreakfast
... affect his eligibility for outside duties. The way inmates are considered for jobs at state prisons was changed in 2003, following the escape of seven Texas inmates from a South Texas prison. Previously, inmates who showed they had adjusted to prison life by serving their time without incident or incurring disciplinary actions, no matter how long they had been in prison, could qualify. Now, they must serve at least 10 years. UPDATE: Thanks to a commenter for pointing out that TexasJustice.org ...
Grits for Breakfast - http://gritsforbreakfast.blogspot.com
27 Mar, 2008 2:44 pm
Monday & Tuesday, March 31 & April 1, 2008 Doubletree Metropolitan Hotel 569 Lexington Avenue New York, NY 10022 K&L Gates partner David R. Cohen is a co-chair of this informative two-day ... the risk of being stung with significant liabilities or unnecessary costs that could have been avoided. Senior counsel, from life sciences companies, well versed in the complexities of establishing, maintaining, and strengthening record management protocols, will discuss the ...
Tags: Events
Electronic Discovery Law - http://www.ediscoverylaw.com/
9 May, 2008 8:00 am by A Voice
... . After the confrontation, Larsen was banned from returning to the activity center, said Bob Jasper, district manager of the Consolidated Metropolitan District, which oversees the activity center. Despite his June 25 court date, Metcalf said he is keeping ... child) there should be a distance stipulation on parks and schools, and if that inconveniences them for the rest of their life, they should have thought about that before they molested a child." --Again, no one else claims this.. Metcalf said ...
Sex Offender Research by A Voice of Reason - http://sexoffenderresearch.blogspot.com/
28 Jun, 2007 10:16 am
... criticizing International Union of Operating Engineers Local # 68 Welfare Fund v. Merck & Co., 894 A.2d 1136 (N.J. Super. A.D. 2006)). To the cases Prohias I cites ... Beecham Consumer Healthcare, L.P. v. Johnson & Johnson-Merck Consumer Pharmaceuticals Co., 1996 WL 280810, at *13 (S.D.N.Y. May 24, 1996), ... A.2d 602, 607 (Pa. Super. 2002); Booze v. Allstate Insurance Co., 750 A.2d 877, 880 (Pa. Super. 2000); and Tran v. Metropolitan Life Insurance Co., 408 F.3d 130, (3d Cir. 2005). Bexis wrote ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
21 Jul 8:47 am by Heather Young
... the class and how to exclude yourself; and (5) how to get more information. This Lawsuit In April 2000, Metropolitan Life Insurance Company ("MetLife Co.") converted from a mutual insurance company to a stock company, called "demutualization." The suit is against MetLife Co. and MetLife, Inc. ("Defendants") by policyholders in the demutualization ("Plaintiffs"). Plaintiffs allege Defendants sent policyholders an information package that omitted material ...
Legal Radar - http://www.legalradar.com/
10 Jun, 2008 12:21 am
... . § 1331 only when federal claims are explicitly raised in the plaintiff's complaint. Metropolitan Life Ins. Co., 481 U.S. 58, 62, 107 S. Ct. 1542, 95 ... claim within it is brought under federal law, and thus is removable to federal court. In Metropolitan Life, the Supreme Court found that the "complete preemption" exception to the well pleaded complaint rule ... faith claims were likewise preempted by ERISA. The case is Green v. Reliance Standard Life Ins. Co., 2008 U.S. Dist. LEXIS 43319 (S.D. Ga. ...
ERISA and Disability Benefits Law Blog - http://www.erisaontheweb.com/
10 Jun, 2008 12:21 am
... . § 1331 only when federal claims are explicitly raised in the plaintiff's complaint. Metropolitan Life Ins. Co., 481 U.S. 58, 62, 107 S. Ct. 1542, 95 ... claim within it is brought under federal law, and thus is removable to federal court. In Metropolitan Life, the Supreme Court found that the "complete preemption" exception to the well pleaded complaint rule ... faith claims were likewise preempted by ERISA. The case is Green v. Reliance Standard Life Ins. Co., 2008 U.S. Dist. LEXIS 43319 (S.D. Ga. ...
ERISA and Disability Benefits Law Blog - http://www.erisaontheweb.com/
9 Apr 9:54 am by Stephen D. Rosenberg
... -examining, reviewing doctor like Dr. Schroeder, see Tsoulas v. Liberty Life Assurance Co. 454 F.3d 69, 81-82 (1st Cir. 2006), and ... that the opinions of treating physicians be given special weight, see Leahy v. Raytheon Co., 315 F.3d 11, 20 (1st Cir. 2002). To the extent that the reviewing and ... as its decision is reasonable. However, in another decision issued the same day - Taylor v. Metropolitan Life - the court imposes, and bases its decision in favor (this time) of the participant/claimant on, ...
Boston ERISA & Insurance Litigation Blog - http://www.bostonerisalaw.com/
11 Jun, 2007 1:47 pm
... of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within ... . 501 (1846) (running a company town is a public function) with Jackson v. Metropolitan Edison Co., 419, U.S. 345 (1974) (utility company with a service monopoly owes ... regulation, for example the workers compensation system. See American Manufacturers Mutual Insurance Co v. Sullivan, 526 U.S. 40 (1999). In that case the Rehnquist Court ...
Law at the End of the Day - http://lcbackerblog.blogspot.com
28 Jun, 2007 5:58 am by admin
... policy are not deemed to be material misrepresentations as a matter of law. Ransom v. Penn Mut. Life Ins. Co. (1954) 43 Cal.2d 420, 427; Thompson v. Occidental Life Ins. ... F.2d 1336, 1340 (applying Calif. law) See also, Telford vs. New York Life Insurance Company (1937) 9 Cal. 2d 903: The failure of an applicant to disclose physical conditions of ... . Mutual Life Insurance Company (1957) 48 Cal. 2d 720; Pierre vs. Metropolitan Life Insurance Company (1937) 22 Cal. App. 2nd 346. See also, Section 332. ...
LawInfo Weblog - http://blog.lawinfo.com
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