Recent Publications - Appeals


U.S. Supreme Court Rules that Offer of Judgment that Mooted Plaintiff’s FLSA Case Required that It Be Dismissed
May 31, 2013 | Appeals | Labor & Employment | Insurance Coverage

In 2009, Laura Symczyk, who had been employed by Genesis Healthcare Corporation as a registered nurse at its Pennypack Center in Philadelphia, Pennsylvania, filed a complaint on behalf of herself and “all other persons similarly situated” – known as a “collective action” – that alleged that Genesis had violated the federal Fair Labor Standards Act

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Court Validates Another Tool for Insurers in Fight against No-Fault Fraud
May 3, 2013 | Appeals | Insurance Coverage

Over a decade ago, in an effort to reduce no-fault insurance fraud involving the improper ownership or licensing of medical providers, the New York State Insurance Department (the precursor to the New York State Department of Financial Services (“DFS”)), adopted a regulation that declared that a health care services provider was eligible for reimbursement from

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Circuit Upholds Decision Denying Disability Benefits for Employee Who Claimed She Had Fibromyalgia
April 30, 2013 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case worked for American International Group (AIG) and participated in its group long term disability benefit plan, which was governed by the provisions of the Employee Retirement Income Security Act (ERISA) and administered by Hartford Life and Accident Insurance Company. After several hospitalizations, the plaintiff filed a claim for long term

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New Standards for Medical Monitoring and Fear of Cancer Claims
April 1, 2013 | Appeals | Complex Torts & Product Liability

AMERICAN BAR ASSOCIATION – MASS TORTS & DEVELOPMENTS

Exxon Mobil Corp. v. Ford
No. 16, Sept. Term 2012 (Md. Feb. 26, 2013)

The Court of Appeals of Maryland has adopted standards for medical monitoring and fear-of-cancer claims in a pair of companion decisions regarding alleged exposure to methyl tertiary-butyl ether (MTBE) and benzene arising

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Handbook’s Disclaimer Insufficient to Bar State Wage Claim
March 31, 2013 | Appeals | Labor & Employment | Insurance Coverage

The plaintiffs in this case brought a class action in federal court against Comcast Corporation and Comcast Cable Communications Management, LLC, alleging among other things that the defendants had violated the Illinois Wage Payment and Collection Act (IWPCA) which requires every employer “at least semi-monthly, to pay every employee all wages earned during the semi-monthly pay

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Proposed Legislation Would Help Fight No-Fault Insurance Fraud
March 1, 2013 | Appeals | Insurance Coverage

No-fault insurance fraud continues to plague New York, with estimates of its cost to consumers and insurance carriers reaching hundreds of millions of dollars.[1] The growing wave of fraud persists notwithstanding efforts by federal and state prosecutors to bring criminal actions seeking to punish alleged fraud[2] – and despite guilty pleas in some of these actions.[3] 

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Second Circuit Severely Limits ADA Claims Against Government Employers
February 28, 2013 | Appeals | Labor & Employment

The U.S. Court of Appeals for the Second Circuit has ruled that a former employee of the Central Islip Public Library may not bring an employment discrimination claim against the library under Title II of the Americans with Disabilities Act (“ADA”).

The circuit court’s decision, in which Rivkin Radler LLP represented the library, resolves an

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Facebook Photos Doom Employee’s FMLA Retaliation Claim
February 28, 2013 | Appeals | Labor & Employment | Insurance Coverage

After working for Advantage Health Physician Network for about 18 months, the plaintiff in this case began taking intermittent leave under the Family and Medical Leave Act, claiming that she was incapacitated from pain from a back injury she had sustained years earlier. About five weeks into her leave, several of her coworkers saw pictures

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LTD Plan Administrator Need Not Consider Social Security Administration Decided After Its Final Decision
January 31, 2013 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case, who worked for GKN North America Services until January 2009 when she stopped due to persistent pain from various medical conditions, filed a claim for disability benefits under an insurance policy issued by Hartford Life and Accident Insurance Company. The plaintiff received short term disability benefits through July 21, 2009,

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Employer Does Not Violate FLSA by Changing Workweek So Employees Earn Fewer Hours of Overtime
December 31, 2012 | Appeals | Labor & Employment | Insurance Coverage

Five current and former employees of Redland Energy Services, LLC, who worked as operators of Redland’s two drilling rigs, sued Redland, alleging that it had violated an overtime provision of the federal Fair Labor Standards Act (FLSA) by changing the designation of their workweek, but not their work schedule, so that fewer hours qualified as

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