This article on an upcoming law review study on the role, effect and potential liability exposure of the insurance industry with regard to climate change provides the perfect opportunity for me to branch out into a new line of discussion on this blog on another issue that is of professional and intellectual interest to me,
LaRue v. DeWolff, Losses to the Plan and the Supreme Court
SCOTUSBLOG is the NY Times, or maybe – given its focus on one particular field – the Wall Street Journal, of the legal blog world. With the backing of a major international law firm, it brings tremendous resources to its in-depth coverage of all things goings on at the Supreme Court. Cripes, the blog even
Some Recommended Reading
If there were a Pulitzer prize for blogging, this would get it. For those who have read the book Flags of our Fathers, or the millions more who have seen the movie, this post reminds us that the war in the pacific was made up of exactly those types of personal stories, only writ large
Massachusetts Insurance Coverage Law in a Nutshell
I wanted to pass on to you a case out of the United States District Court for the Northern District of Ohio that was issued about the time I was trying a patent infringement case last month, and which I wasn’t able to comment on then as a result. With a little more time
The Operations of Third Party Administrators
Third party administrators and claims adjustment companies play a significant role in my practice because they often administer ERISA governed plans and adjust claims under insurance policies on behalf of insurers. As a result, I have long been interested in how they are run, staffed, marketed and the like. For those of you who may share
Still More on the Pros and Cons of Arbitration
KSR, Patent Infringement and Obviousness
I don’t know how many people with an interest in ERISA litigation share my interest as well in patent and other intellectual property litigation, although I know from experience that I am not the only lawyer who practices in both areas. Either way, for anyone who has been following the issue of the Supreme Court’s
Summary Plan Descriptions and Discovery in ERISA Cases: the Latest from the First Circuit
The First Circuit issued an opinion in the case of Morales-Alejandro v. Medical Card System on Wednesday. The case, which involved a challenge to a denial of long term disability benefits, is noteworthy for two aspects. The first is that the case reaffirms this circuit’s reluctance to allow discovery beyond production of the administrative record
Documenting the Death of Pensions
I have written before about the question of whether we are creating a more litigious environment by switching employees from defined benefit plans to defined contribution plans, and we all generally know that companies are overwhelmingly shifting employees from the former to the latter. Those of you in the retirement industry certainly already are aware
Insurance Bad Faith, Expert Witnesses and Privileged Communications
I received a pitch for an interesting seminar on the interrelationship of the federal rules governing expert discovery, the retention of experts in litigation, and the work product doctrine. The issue addressed by the seminar has to do with the fact that expert discovery under the federal rules at this point is very broad, and