Strober and Russo Secure Complete Dismissal in Federal Disability Benefits Litigation

Eric Strober, assisted by Lauren Russo, won a pre-answer motion to dismiss in the Southern District of New York on behalf of a physician sued over opinions expressed in an independent medical examination (IME) report prepared in connection with plaintiff’s disability benefits claim.

This novel case involved allegations that the benefits carrier, an investigation company retained by the carrier, and the physician who evaluated the records, surveillance footage, and conducted a physical examination of the claimant in the context of his claim for permanent disability benefits.

The doctor was accused of defamation, prima facie tort, conspiracy, aiding and abetting and other causes of action. We moved to dismiss in lieu of serving an answer. The court dismissed all claims, finding that any claims related to the denial of disability benefits were preempted by ERISA, the federal law governing the provision of such benefits.