Michael William DeWitt's Legal Cases (6)

Contracts and agreements

Andrew v. Power Marketing Direct 2012-Ohio-4371, 978 N.E.2d 974 (10th Dist.)

Sep 25, 2012

OUTCOME: Jury verdict affirmed

Represented plaintiff who had been fraudulently sold a license to market furniture and other home furnishings. Plaintiff won a jury verdict of over $800,000 that was affirmed on appeal.

Insurance

Buchanan v. Aetna Life Ins. Co., 179 Fed. Appx. 304, 2006 U.S. App. LEXIS 11046 (May 3, 2006)

May 03, 2006

OUTCOME: Finding for Defendant, affirmed on appeal

Plaintiff sued defendant claiming his disability benefits had been improperly terminated. I represented the defendant, which won on summary judgment in the U.S. District Court for the Northern District ... of Ohio. That result was upheld in the Sixth Circuit Court of Appeals.

Employee benefits

Thornesberry v. Aetna Life Ins. Co., 156 Fed. Appx. 789, 2005 U.S. LEXIS (Dec. 1, 2005)

Dec 01, 2005

OUTCOME: Judgment affirmed.

Represented defendant insurance company that had terminated plaintiff's disability benefits because she was no longer disabled. Trial court granted summary judgment to defendant at the appeals court af ... firmed the judgment.

Employee benefits

Peery v. Carolina Care Plan, Inc., 144 Fed. Appx. 300, 2005 U.S. App. LEXIS (July 20, 2005)

Jul 20, 2005

OUTCOME: summary judgment for defendant was affirmed

Represented an insurer that had cancelled an ERISA plan for non-payment of premiums. Summary judgment in favor of insurers was affirmed. Insurers did not provide particularized notice of termination de ... scribed in S.C. Code Ann. § 38-71-760 but neither plan nor statute explicitly required notice. Insurers gave claimant's group written notice of coverage termination; providing notice did not subject insurers to statute requirements.

Contracts and agreements

Carolina Care Plan, Inc. v. United HealthCare Servs., 361 S.C. 544

Oct 18, 2004

OUTCOME: South Carolina Supreme Court held that the parties had to arbitrate under the the terms of the agremeent.

Represented a corporation that was party to an agreement with another corporation, which contained an arbitration agreement. Successfully compelled the parties to arbitrate under the terms of the contr ... act.

Insurance

Butler v. Aetna U. S. Healthcare, Inc., 109 F. Supp. 2d 856 (1999)

Jul 28, 1999

OUTCOME: Preliminary injunction denied.

Represented defendant insurer who was withholding disability payments from insured to recoup overpayment. District court denied preliminary injunction by plaintiff to stop the recoupment, determining t ... hat it was permissible under the ERISA plan documents.

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