Franke v. Poly-America Medical and Dental Benefits Plan, 555 F.3d 656 (2009)
Mar 12, 2009OUTCOME: Plan Administrator's appeal was reversed and remanded.
Challenge to ERISA Disability Plan's mandatory arbitration clause.
Bloonington, MN
Lawsuits and disputes Lawyer at Bloonington, MN
Practice Areas: Lawsuits & Disputes, Personal Injury, Mediation
OUTCOME: Plan Administrator's appeal was reversed and remanded.
Challenge to ERISA Disability Plan's mandatory arbitration clause.
OUTCOME: Affirmed by 8th Circuit Court of Appeals
Challenge to ERISA Disability Plan's broad causation exclusion regarding smoking.
OUTCOME: Award of interest and attorney's fees affirmed
ERISA case. Employee awarded disability, interest and substantial attorney's fees.
OUTCOME: Court of Appeals reversed and Plaintiff's claim for defense fees against insurer dismissed.
Plaintiff claimed insurer breached duty to defend class action. Insurer paid nominal amount to plaintiffs to settle "arguably covered" claims and then stopped defending. The Supreme Court reversed tria ... l court and appellate court and ruled for insurer.
OUTCOME: Jury verdict against Capital Bank affirmed
Plaintiff's claim for wrongful dilution of underlying share value - $600,000+ verdict.
OUTCOME: Insurance companies ordered to pay Josten's attorney fees and costs
Insurance company ordered to pay Josten's attorneys fees and costs incurred in defending employment claim and in bringing instant action.
OUTCOME: Insurer ordered to pay fees for defense of class action and fees in instant action - $4.5 million recovery
Jostens claimed insurer breached duty to defend in refusing to defend discrimination class action. Court ordered insurer to pay class action fees and fees in instant case.
OUTCOME: Affirmed by U.S. Supreme Court
Case alleged breach of U.S. Constitution's full faith and credit clause and due process clause as a result of trial court's ordering insurer to pay on two contracts drafted in another state. Petition ... for Certiorari granted, but trial court result affirmed.