Our Practice
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Appellate Litigation

Supplementing our trial court proficiency, our litigators regularly argue before appellate courts nationwide.  Whether appearing on behalf of clients or filing amicus curiae briefs, we have brought our substantive expertise to bear in achieving many notable appellate rulings relating to employee benefit matters.  Examples of recent appellate matters include:

  • Prepared the respondent's brief in Sereboff v. Mid Atlantic Medical Services, the Supreme Court's decision addressing subrogation and reimbursement rights.
  • Successfully argued for the reversal of a judgment entered against a financial institution that served as trustee for an Employee Stock Ownership Plan (ESOP).
  • Obtained an appellate ruling that a deferred compensation plan qualified as a top hat plan and that corporate officers did not have a duty to fund a rabbi trust and distribute benefits to plan participants before the company filed for bankruptcy.
  • Secured an appellate ruling that a state law prohibiting health care subrogation claims was not saved from preemption under Employee Retirement Income Security Act’s (ERISA) insurance savings clause.
  • Obtained the reversal of a summary judgment ruling entered by trial court regarding the construction and interpretation of an insurance policy providing accidental death and dismemberment benefits.
  • Defended through appeal numerous benefit claims brought by participants in pension and welfare plans established by Fortune 500 companies, among others.