Archive | December, 2003

White v. Armitage

White v. Armitage
(November 2003)

In November 2003, McCranie Sistrunk Attorneys won a victory in favor of State Farm in the case entitled White v. Armitage in the 4th Circuit Court of Appeal. The Court of Appeal found plaintiffs had no right of action against a liability insurer alone after dismissal of named insured, reversing the trial court judgment.

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Bank One v. Nemo Viso

Bank One v. Nemo Viso
(November 2003)

McCranie Sistrunk Attorneys won a victory in favor of Bank One after a two day trial in the Civil District Court for the Parish of Orleans in the case entitled Bank One v. Nemo Viso. The Court granted a judgment enforcing the terms of an Employee Retention Agreement and required a former employee to return the monies paid under the retention agreement.

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Stephen Valdetero v. UNUMPROVIDENT Corporation

Stephen Valdetero v. UNUMPROVIDENT Corporation
(October 2003)

Lauren Welch obtained a summary judgment in Unum’s favor in the case entitled Stephen Valdetero v. UnumProvident Corporation before Judge Minaldi in the Western District of Louisiana. Unum had paid disability benefits for 24 months while plaintiff was unable to perform the duties of his own occupation. The Court upheld Unum’s determination that he was not entitled to benefits after 24 months because he was capable of other gainful employment.

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Steve Loria v. UNUM Life Insurance Company of America

Steve Loria v. UNUM Life Insurance Company of America
(August 2003)

A summary judgment was granted in Unum’s favor in a case handled by Lauren Welch which was brought under ERISA for intentional interference with the receipt of benefits under an employer-sponsored long term disability plan, as well as a state law claim for intentional infliction of emotional distress. The plaintiff contended that Unum had misled him into believing he could still be covered under his employer’s policy if he left to go to work for another employer. Utilizing a de novo standard of review, Judge Lance Africk of the Eastern District of Louisiana found that the terms of the policy as a whole plainly evidenced an intent that coverage under the policy would terminate when employment or disability payments terminate.

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Elliott Bushnell v. UNUM Life Insurance Company of America

Elliott Bushnell v. UNUM Life Insurance Company of America
(August 2003)

On a motion for reconsideration, Lauren Welch obtained a summary judgment in Unum’s favor upholding Unum’s determination that the insured was able to perform the duties of his occupation as a casino gaming supervisor. In deciding that plaintiff was not entitled to benefits, Unum relied on a vocational specialist’s assessment of plaintiff’s job duties based on the occupational definition contained in the Labor Department’s Dictionary of Occupational Titles. The Court originally denied Unum’s motion, and had accepted plaintiff’s contention that a factual issue existed as to whether Unum had utilized the occupational definition which most closely resembled plaintiff’s job duties. However, on reconsideration the Court agreed with Unum’s contention that the Court could not properly consider any alternate job descriptions because the plaintiff did not challenge Unum’s assessment of plaintiff’s occupation during the administrative review and the Court could not look beyond the administrative record to determine whether Unum had abused its discretion in determining that plaintiff was not entitled to benefits.

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Legania v. East Jefferson General Hospital

Legania v. East Jefferson General Hospital
(May 2003)

Thomas P. Anzelmo and Kyle P. Kirsch won a victory in favor of East Jefferson General Hospital in a case entitled Joseph Legania v. East Jefferson General Hospital before United States District Court for the Eastern District of Louisiana District Judge Stanwood R. Duval. Judge Duval granted the hospital’s motion for summary judgment dismissing plaintiffs’ Equal Pay Act claim, disparate treatment claim, and plaintiff’s gender and race discrimination claim based on a failure to promote. See Legania v. East Jefferson General Hospital, 2003 WL 21277127 (E.D. La. 2003). Plaintiff voluntarily dismissed his remaining retaliation claim prior to trial.

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