Employee Benefits Litigation & ERISA
The firm defends claims against employer-sponsored plans providing life, health and disability insurance benefits to employees. Lawyers in this group also defend third-party claims administrators in cases arising under the Employee Retirement Income Security Act (ERISA), including issues related to preemption and to whether an ERISA plan has been properly established.
The firm also defends claims against insured employer-sponsored plans that are statutorily exempt under ERISA and are governed by state law and those claims against insurers issuing individual disability policies to professionals. Finally, the firm’s lawyers advise clients on matters related to liability arising under ERISA regarding their employee benefit plans.
Case Results
Provident Life & Accident Insurance Company v. Sharpless
Provident Life & Accident Insurance Company v. Sharpless (April 2004) Lauren Welch obtained a favorable opinion from the federal Fifth Circuit Court of Appeal in a case involving a number of previously unresolved issues in the Circuit. The Court held that multiple, non-married shareholders can be considered “employees” for purposes [...]
Rayford Racca v. UNUM Life Insurance Company of America
Rayford Racca v. UNUM Life Insurance Company of America (April 2004) A motion for summary judgment was granted in Unum’s favor in a case handled by Lauren Welch entitled Rayford Racca v. Unum Life in the Western District of Louisiana before Judge Trimble. The disability policy issued by Unum provided [...]
Kevin Chauvin v. UNUM Life Insurance Company of America
Kevin Chauvin v. UNUM Life Insurance Company of America (February 2004) On a motion for reconsideration, Lauren Welch obtained a summary judgment in Unum’s favor from Judge Ginger Berrigan in the Eastern District of Louisiana where the court found that plaintiff was not entitled to “partial disability” benefits under an [...]
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 [...]
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 [...]
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 [...]