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17 Apr 2012, 3:58 am by Roy F Harmon III
The Court agrees with the reasoning in Morales-Cotte and finds that an exhaustion of administrative remedies is not required when a plaintiff’s claim for denial of COBRA benefits is based on a statutory violation of ERISA. [read post]
13 Feb 2012, 3:30 am by Bethany Turke, Associate
Earlier this month, the Second Circuit Court of Appeals reaffirmed its prior holding that a class action waiver was unenforceable where it effectively precluded plaintiffs from vindicating their federal statutory rights. [read post]
5 Jul 2022, 4:34 am by Dan Tokaji
Politico reports: In total, at least 16 lawyers who represented plaintiffs in five federal lawsuits promoting Trump’s baseless election fraud claims in the key battlegrounds of Michigan, Georgia, Wisconsin and Arizona remain in good standing or have no record… Continue reading [read post]
5 May 2010, 3:57 am by Roy F Harmon III
The record is clear that the plaintiff was well aware of the underpayment more than four years before filing suit, as evidenced by a number of letters between the defendant and Mr. [read post]
17 Mar 2010, 12:38 pm by dbader1
The challenges could be based on federal constitutional grounds, state grounds, such as an awards based on passion or prejudice, or, as often happens in California, the failure of a plaintiff to present evidence of defendant’s financial condition. [read post]
26 Feb 2024, 7:48 am by Rick Hasen
Years ago at an APSA conference, Fred Schauer corrected me as pronouncing this with a Spanish pronunciation (“Torniyyo”) but the plaintiff was Italian and the “L’s” should be pronounced. [read post]
28 Aug 2012, 2:44 pm by Catherine.Kiernan
While sanctions against the defendant for severe lack of candor to the court and evasive responses to plaintiffs’ discovery requests were properly ordered by the district court, the third circuit noted that the defendant did not have to produce all documents ordered. [read post]
23 Mar 2010, 10:11 pm by JT
Diel v Bryan, 2010 NY Slip Op 02230 (4th Dept. 2010) “We reject the contention of defendant that plaintiff’s expert witness, a board certified anesthesiologist, was not qualified to testify concerning the standard of care to be applied in evaluating defendant’s care and treatment of decedent with respect to the administration of [...] [read post]
2 Dec 2011, 12:57 pm by JT
., 2011 NY Slip Op 08747 (2d Dept. 2011) In an action to recover no-fault benefits, a plaintiff makes a prima facie showing of entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms were mailed to and [...] [read post]
11 Apr 2010, 8:09 pm by JT
Another Plaintiff failed to raise a triable issue of fact against a medical necessity summary judgment motion. [read post]
2 Feb 2009, 4:14 pm
Whether plaintiff or defendant, obligations to protect health information increasingly present obstacles to progress in ERISA litigation. [read post]
9 Nov 2022, 7:21 am by Rick Hasen
Senate candidate Blake Masters joined the RNC as plaintiffs in the lawsuit against Maricopa County. [read post]
14 Jun 2011, 6:44 am by Paul Kirgis
Affiliated Computer Services, a law school graduate, Joshua Fensterstock, was the lead plaintiff in a class action [...] [read post]
8 Oct 2008, 10:48 am
The complaint, however, clearly states what Anthem is alleged to have done: deny, as a matter of policy and in violation of ERISA, Plaintiff’s request for insurance benefits to cover RFA treatment, on the basis that the treatment is considered investigational. [read post]
27 Oct 2009, 6:51 am by Roy F Harmon III
What does prevent a claim for breach of fiduciary duties here, however, is the simple fact that Plaintiffs [...] [read post]
30 Aug 2011, 9:01 am by Fernando M. Pinguelo
When counsel for plaintiff Oxxford Information Technology entered into a confidentiality stipulation that all information exchanged during discovery would either be returned to the original party or destroyed, they never imagined that it would be so costly to get rid of the information. [read post]
28 Apr 2011, 12:12 pm by Layla Kuhl
The Court granted a motion for immediate consideration in Vandussen v Court of Appeals and remanded the case to the Court of Appeals requesting that it “articulate the reason why ‘the fair administration of justice’ warrants the denial of the plaintiff’s request to film oral argument on May 10, 2011. [read post]
20 Jan 2011, 7:58 am by Layla Kuhl
The Court directed plaintiff to pay the filing fees within 21 days. [read post]