Gross v. Sun Life, 320 F.Sup.3d 240 (D.Mass. 2018) When the Courts Deem Attorney’s Fees As Excessive Gross v. Sun Life, 320 F.Sup.3d 240 (D.Mass. 2018) Decision on Plaintiff’s motion for interest, attorneys’ fees and costs after Plaintiff prevailed in an appeal to the first circuit.  Prejudgment interest was set…

Advocate Health Care Network v. Stapleton, 137 S.Ct. 1652 (2017) What Constitutes a Non-Profit in a Court of Law and What Is Their Responsibility for Employee Benefits Advocate Health Care Network v. Stapleton, 137 S.Ct. 1652 (2017) A number of church-affiliated non-profit hospitals were sued by their employees claiming that…

Kamerer v. UNUM, 2018 WL 4539693 (D.Mass.) What Constitutes Being Legally Disabled in a Court of Law Plaintiff’s summary judgment granted and benefits reinstated on a de novo review where she had been receiving benefits from 2004 to 2013 for fibromyalgia with secondary depression where an early arthritis specialist wrote…

Firestone Rubber Co. v. Bruch, 489 U.S. 101 (1989) Disputing Employee Benefits Eligibility Due to Company Restructuring and Liquidation Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101 (1989) Firestone sold five plants to Occidental.  Most of the employees were rehired by Occidental.  Firestone had a termination pay plan,…

Weddle v. LINA, 2018 WL 2376358 Disputing Emotional Distress Claim from Termination of Benefits The Plaintiff whose benefits were terminated after the insurer scheduled a number of IMEs when Plaintiff could not attend, including one when she was visiting her dying father, included a state law claim for intentional infliction of emotional…

Ovist v. Unum, 2018 WL 3853739 (D.Mass.) A court may transfer a case to another venue (another court) where a case may have been brought, upon a motion by the party wanting the transfer, but the moving party must show that considerations of convenience and judicial efficiency “strongly favor” the transfer.  Here…

Glossary of Legal Terms and Abbreviations Understanding Legal Jargon Used in Court Insurers love to use industry terms and abbreviations in their claim files. You may have also noticed that lawyers also have a language all their own. Here is a glossary of terms, abbreviations and definitions for your use and reference.…