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Benefits Litigation

  • Served as lead defense counsel in the successful defense of a lawsuit challenging the denial of COBRA coverage, establishing new, employer-friendly precedent in the process. Maloney v. Ameristar Casinos, No. 4:09-cv-00673 (W.D. Mo. 3/9/2010).
  • Successfully defeated a class action, breach-of-fiduciary-duty claim that was brought against a Fortune 20 client arising out of the Enron bankruptcy, convincing the Federal Court to dismiss the matter before discovery was authorized. Geiler v. Jones, 37 EBC 1018, 2006 Westlaw 407683 (D. Neb. Feb. 2, 2006).
  • Recovered overpayments to participants from both retirement plans and self-funded health care plans, through arbitration and litigation and under both ERISA’s civil enforcement provisions and state law.
  • Successfully litigated complex ERISA standing and preemption issues.