American Family Mut. Ins. Co. v. David Golke, et al.

Jul 15, 2009

OUTCOME: Achieved a reversal at the Wisconsin Supreme Court

The Court adopted the position of NASP and created new Wisconsin law for preservation of evidence and proper notice to potential defendants.

Morton v. Rosen's Diversified, Inc. Group Benefit Plan (D.Minn. 2008)

Nov 13, 2008

OUTCOME: Favorable defense settlement.

The plaintiff brought a state action seeking benefits under a self-funded ERISA plan. Suit was removed to federal court. Case was defended based upon theory that employer was entitled to offset for s ... ubrogation due to a prior tort settlement. Case settled favorably in employer's favor including a termination of future benefits related to the accident.

Webcrafters, Inc. v. Martin

Aug 21, 2008

OUTCOME: Favorable settlement of ERISA reimbursement claim.

Anderson v. Commerce Const. Services, Inc. (10th Cir. 2008)

Jul 02, 2008

OUTCOME: Affirmed on Appeal at the 10th Circuit

Choice of law case involving Kansas and Nebraska workers' compensation acts.

NORTH CAROLINA TEACHERS' AND STATE EMPLOYEES' COMPREHENSIVE MAJOR MEDICAL PLAN v. BARBER (W.D.Pa. 2007)

Jul 05, 2007

OUTCOME: Favorable Monetary Settlement

State funded benefit plan sought reimbursement from employee's dependent's Pennsylvania state tort action.

Thermo King Corporation v. LaCrosse Transport Refridgeration, Inc. (W.D.Wis. 2007)

Jun 14, 2007

OUTCOME: Favorable settlement.

Plaintiff alleged or trademark infringement, trademark dilution and unfair competition against continued use of marks by defendant after dealer agreement had ceased.

Trustees of the Texas Carpenters & Millwrights Health & Welfare Fund v. Khalell Sayyed (W.D.Ok. 2006)

Apr 12, 2006

OUTCOME: Court entered a temporary restraining order.

Self-Funded union welfare plan sought equitable relief under ERISA for reimbursement for medical benefits from a California state tort settlement. Court granted temporary restraining order and case se ... ttled shortly thereafter.

Diamond Crystal Brands, Inc. v. Wallace (N.D.Ga. 2008)

N/A

OUTCOME: Obtained Preliminary Injunctive Relief

Fiduciary of self-funded health care plan brought Employee Retirement Income Security Act (ERISA) action for equitable relief against administrator of estate of plan participant who died from injuries ... allegedly resulting from negligent medical care, participant's adult daughter, and law firm serving as trustee of settlement funds, seeking reimbursement from total settlement proceeds of medical expenses incurred by plan on participant's behalf. Fiduciary's claim seeking to impose constructive trust or equitable lien on specifically identifiable funds in possession of trustee was a claim for appropriate equitable relief authorized under ERISA, and preliminary injunction was warranted.

Sierra Club v. Kimbell (D.Minn.2009)

N/A

OUTCOME: Defense of NEPA and NFMA Challenge To Forest Plan

The district court upheld the Revised Forest Plan for the Superior National Forest. Ruffed Grouse Society argued in support of the plan and in opposition to Sierra Club's challenge. Court held that F ... orest Service did not act arbitrarily and capriciously by setting a general policy of neutrality toward Boundary Waters Canoe Area Wilderness (BWCAW) in final environmental impact statement (FEIS) and revised forest plan and discussing in the FEIS, at a general level, the possible effects on the BWCAW of the alternative management approaches under consideration, and that methodology of Forest Service for assessing and inventorying the roads and trails within national forest was neither arbitrary nor without foundation.

Markel American Insurance Company v. Skipper Bud's of Illinois

N/A

OUTCOME: confidential

Case involved a large fire loss at a marina owned by the defendant.