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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...
Opportunity Zones offer potential benefits for your clients, but it's crucial to distinguish between good and bad investments. Delve into the intricacies of the Opportunity Zone program, compliance and reporting obligations involved in maintaining these investments, and tax benefits that are...
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...
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...
Howard Majev is a seasoned real estate attorney with extensive experience in acquisitions, dispositions, financings, development, and leasing of industrial, multi-family, retail, office, mixed-use, and sports properties, including stadium development. He has considerable experience with regards to...
Stanley Kull concentrates his practice in federal, state, and local tax planning for corporations, partnerships, and individuals. This includes partnership taxation, tax issues affecting real estate developers and investors, business and succession planning, corporate reorganizations, S corporations...
Marc Citron counsels a broad range of commercial enterprises on real estate deals and other business transactions that are key to their growth and evolution. During his more than 45 years of legal practice, Marc has advised clients ranging from real estate developers, retailers and the hospitality...
David Shear's practice focuses on condominiums, commercial and residential real estate, community associations, construction, financing, and representing developers in project closings. David is an authorized agent of Old Republic Title Insurance Company, Chicago Title Insurance Company and First...
Richard Hayden helps clients involved in major development projects navigate the complex legal landscape they face in securing government approvals. A sampling of the marquee projects he has worked on include repurposing a major urban retail mall stretching over four blocks, state and local...