Blog

Harvey Makes Television Appearance

Todd Harvey was a guest on the morning show “Talk of Alabama” on Birmingham’s ABC 33/40 on November 15, 2017. During his segment, the subject of elder financial fraud and abuse was discussed. There are three types of elder abuse: crimes of occasion, where abuse occurs when a wrongdoer seizes an opportunity; crimes of desperation,…

Read More

Harvey Speaks at Nursing Home CLE

Todd Harvey lectured at a webinar sponsored and hosted by the Alabama Continuing Legal Education (CLE) at the University of Alabama School of Law on October 11, 2017. The three-hour program covered topics related to litigating cases involving neglect and abuse of residents in nursing homes, assisted living facilities and other long-term care facilities. The…

Read More

The Standard Reversed for Ignoring Medical Evidence and Improper Denial

Marcin v. Reliance Standard Life Ins. Co., No. 16-7125, 2017 WL 2818648 (June 30, 2017). Affirming the judgement of the district court, the United States Court of Appeals for the District of Columbia held that Reliance Standard Life Insurance Company acted unreasonably when it failed to properly consider the downward progression of one of its…

Read More

Fourth Circuit Prevents Arbitrary and Baseless Denial of Benefits

Solomon v. Bert Bell/Pete Rozelle NFL Retirement Plan, No. 16-1730, 2017 WL 2695191 (4th Cir. June 23, 2017). Recently, the 4th Circuit determined that the Bert Bell/Pete Rozelle NFL Retirement Plan and the NFL Player Supplemental Disability Plan abused its discretion when it denied ex-NFL player Jesse Solomon a certain category of long-term disability benefits,…

Read More

The Seventh Circuit Recognizes Fibromyalgia Disabling Based on Subjective Complaints

Recently, in Kennedy v. The Lilly Extended Disability Plan, the Seventh Circuit Court of Appeals upheld the district court’s award of summary judgment for long-term disability benefits to Cathleen Kennedy. Kennedy primarily suffered from the debilitating disease fibromyalgia. The Seventh Circuit affirmed that it was unreasonable for her insurance provider, “Lilly,” to conclude that fibromyalgia…

Read More

Associate Jessica Hayslip passes Florida State Bar Exam

We are pleased to announce that associate Jessica Hayslip successfully passed the Florida State Bar Exam. Jessica began her legal career in 2014 at the firm as a law clerk and is licensed to practice law in Alabama as well. Since passing these two Bar exams, Jessica has been practicing ERISA and employment litigation. Jessica has…

Read More

First Circuit Reversed the Standard on Arbitrary and Capricious Onset Date: Doe v. Standard, 1st Cir. (2017).

The Standard denied benefits to an insured, Doe, whose own occupation was an environmental lawyer. The Standard determined she was able to perform the essential duties of the occupation “lawyer” and did not take into account the difference in job duties between “lawyer” and the “environmental lawyer” specialty. Doe had paid for an “own occupation”…

Read More