An aspect of Employee Retirement Income Security Act benefits litigation that distinguishes it from other civil litigation is that discovery in ERISA cases is only stingily granted. Although, as will be shown below, that appears to be changing. There is no statutory basis for limiting discovery in ERISA cases, nor do the Federal Rules of […]
The civil rights movement made the abolition of all forms of discrimination a matter of public policy. Notwithstanding the tremendous strides that have been made to redress discrimination of all types, one group that continues to be subjected to long-standing stigmatization and social isolation are those who suffer from mental illness. The high watermark of […]
Mark D. DeBofsky is a name partner of DeBofsky Sherman Casciari Reynolds P.C. — on the web at debofsky.com. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage issues. He can be reached at [email protected] What is “objective” evidence? A recent ruling from the 6th U.S. Circuit […]
The COVID-19 crisis has disrupted our lives, our livelihoods and the national economy. The response to the pandemic has in many respects brought out the best in all of us, but it has also led to widespread confusion about personal insurance benefits. Some issues have been resolved, while other issues are certain to arise, as […]
The COVID-19 pandemic has wrought a previously unfathomable level of casualties and economic disruption in the United States and worldwide in just a few short weeks. Since mid-March, 16.9 million Americans have filed jobless claims, and one out of every 10 U.S. workers who had employment prior to the pandemic is now jobless. Many people with […]
Disability claims are often denied, but you don’t have to give up. There are steps you can take following a denial of benefits. Many of us will, at some point in our lives, suffer an illness or injury that necessitates being out of work. We may need to recuperate from a sudden illness that left […]