Its particular areas of litigation strength include antitrustintellectual propertyand products liability. InThe American Lawyer magazine selected Kaye Scholer as the products liability litigation firm of the year. In the life sciences arena, Kaye Scholer was recognized in as "one of the most well regarded firms" for life sciences by The International Who's Who of Life Sciences Lawyers
Signed by Magistrate Judge Tonianne J. Defendants oppose Plaintiff s motion [Docket Entry No. The Court has fully reviewed the submissions of the parties and considers same without oral argument pursuant to Fed.
Plaintiff was paid shortterm disability STD benefits from January until Julywhen he received long-term disability LTD benefits until termination of those benefits in November The 1 underlying case relates to Plaintiff s appeal of his eligibility for disability insurance on the policy held with Defendants.
Defendants subsequently terminated Plaintiff s disability benefits in November In MayPlaintiff submitted an administrative appeal of Defendants determination, claiming that he remained unable to work due to symptoms of peripheral neuropathy and neuropathic pain.
In support, Plaintiff submitted medical records and reports of his treating neurologist, Dr. Spellman, and podiatrist, Dr. Defendants upheld their determination and denied Plaintiff s appeal via letter dated July 20, Plaintiff then brought this action in federal court on September 25, [Docket Entry No.
Plaintiff s Argument Plaintiff contends that he is entitled to additional discovery for the reasons stated below.
Plaintiff wishes to conduct expanded discovery concerning 1 relevant data compiled by Defendants in constructing the administrative record and 2 Defendants internal policies and procedures relevant to the handling of the claim.
As part of his argument, Plaintiff claims that the evidence in the administrative record shows that discovery is warranted. Administrative Record Plaintiff states that he is entitled to discover those documents properly belonging in the administrative record, which Defendants have admittedly withheld Plaintiff seeks to include items from the First Notice to Produce, Items 4 and 5, and Interrogatory 17 in the administrative record.
To support this position, Plaintiff cites to Crosby v. Plaintiff thus contends that under ERISA, Defendants must produce any and all information belonging in the administrative record. Plaintiff s discovery request includes items from the First Notice to Produce, Interrogatory 13, 14, and 23, and the Second Notice to Produce.
To support this position, Plaintiff cites to Ganem v. Relevant Documentation Plaintiff argues that Defendants concede in Answers to Interrogatories and Responses to Notice to Produce that the administrative record is incomplete and that additional documents do exist. Plaintiff thus contends that all of the information in [his] discovery requests must necessarily have been submitted, considered, or generated in the process of administering Plaintiff s claim.
Plaintiff states that the placement of the word benefit as a subject in this sentence indicates that the discoverable policies or guidance in this subsection are those pertaining to a denied treatment option in the case of a health insurance claim, and a denied benefit in the case of a disability claim.
Plaintiff thus argues that the regulation requires Defendants to produce additional documentation relating to a statement of policy or guidance. To support this position, Plaintiff cites to Glista v. Plaintiff thus contends that discovery is permitted as to any of [Defendant] Liberty s internal policies which are known to exist and are relevant to the particular issues involved in the handling of Plaintiff s LTD claim.
To support this position, Plaintiff cites to Brooks v. Plaintiff argues that because Defendants have not provided any certification that the PPE guidelines were not used in 5 determining Plaintiff s eligibility for benefits, the guidelines could have been relevant to the determination and thus discoverable.
Plaintiff contends that because Defendants utilized the PPE guidelines in their decision to deny Plaintiff his LTD benefits, additional discovery is required.For more course tutorials visit schwenkreis.com CheckPoint: Assessing Financial Statements Resource:Ch. 2 of Understanding Financial Statements,and Ch.
1 PowerPoint® (pp. , , and ) Searchthe Internet for the financial statements of your . Administrative Record Defense counsel has provided in their certification of counsel that no omissions or edits were made to the administrative claim file the entire file as maintained by Liberty Life Assurance Company of Boston has been produced to the Plaintiff.
Analyze the income statement of Eastman Kodak located at (Select Chapter 1 from the top menu, then Internet Links in the left-hand menu to access the income statement.) Write a .
ACC – ACCOUNTING ETHICS KEEPING IT CLEAN – Complete Class Includes All DQs, Individual and Team Assignments – UOP Latest. Purchase here: https://www. Kaye Scholer was a law firm founded in by Benjamin Kaye and Jacob Scholer.
The firm has more than attorneys in nine offices located in the cities of Chicago, Frankfurt, London, Los Angeles, New York City (headquarters), Shanghai, Palo Alto, Washington, D.C., and West Palm Beach. Studentehelp online tutorial store provides verified BUS Week 2 Quiz for University of Phoenix students at best prices.