We are excited that our founding partner, Mark D. DeBofky has been recommended and by his peers and approved as Leading Lawyer for 2022.

Leading Lawyers have been recommended by their peers to be among the TOP LAWYERS in the areas of practice. Less than 5% of all lawyers licensed in each state receive the distinction of Leading Lawyer.  The selection process is the result of contact with thousands of lawyers in a given state. Only those lawyers who are most often recommended, and later approved by the Leading Lawyers Advisory Board, are selected as Leading Lawyers.

 

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8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

Disability benefit cases governed by the Employee Retirement Income Security Act are not only about whether someone qualifies for benefits, but often involve benefit terminations. While many courts have confronted that situation, the guidelines for assessing ongoing disability benefit claims have varied, especially under a deferential standard of judicial review.

New ERISA Rulings Diverge On Civil Procedure

New ERISA Rulings Diverge On Civil Procedure

Over the past several months, there has been a flurry of federal appellate opinions questioning civil procedure norms in Employee Retirement Income Security Act benefits litigation.[1] A pair of brand new appellate decisions have also focused on the same issue, although not necessarily in a direction that harmonizes ERISA civil procedure with the Federal Rules of Civil Procedure.

Who Has the Burden of Proof When an ERISA Claim is Denied?

Who Has the Burden of Proof When an ERISA Claim is Denied?

When employee benefit claims brought under ERISA come before a court for resolution, who has the burden of proof? Does the claimant have the burden of proving the claim denial was improper, or does the insurance company has the burden of proving its decision was correct […]