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Welcome to the Riemer Hess Quarterly Report. This newsletter is intended to cover the Firm’s most relevant highlights of 2024 Q1. Below you’ll find news updates, recent educational outreach performed by the firm, client success stories, and a litigation roundup from this quarter.
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NEWS
Pro Bono Update
In Q4 of 2023, Riemer Hess undertook the pro bono representation of “Jane,” a brave young woman grappling with stage IV colon cancer, as she navigated her demanding job while undergoing intensive chemotherapy at Memorial Sloan Kettering Cancer Center. With the addition of daily radiation therapy recommended by her medical team, Jane faced an increasingly daunting scenario. Lacking a strong support system and overwhelmed by the complexities of the disability claim process, she sought assistance from Riemer Hess. Our team stepped in to provide compassionate and expert guidance, initially handling her Short Term Disability (“STD”) claim.
We are proud to update that in Q1 of 2024, we successfully secured approval for Jane’s Long Term Disability (“LTD”) benefits. This accomplishment not only underscores our firm's commitment to empathetic and expert legal assistance but also highlights our role as advocates who support our clients through their most challenging times. This matter was diligently handled by Associate Samantha Wladich and Paralegal Michele Wagner, whose efforts have ensured that Jane can now focus on her health and recovery with one less burden.
FIRM OUTREACH AND EDUCATION ROUNDUP
New Publication with the American Bar Association (ABA)
Continuing our commitment to legal education and advocacy, Partner Jennifer L. Hess and Associate Ryan J. McIntyre co-authored an article published in the American Bar Association’s Tort Trial & Insurance Practice Law Journal. The article, titled "Assessing the 2018 ERISA Long-Term Disability Claims Regulations: Five Years Later," offers a critical and comprehensive analysis of the major regulatory changes made in 2018 under the Employee Retirement Income Security Act (ERISA). Their work provides insights into how these changes have improved the fairness and transparency of the disability claims process, emphasizing the significant impact on litigation and policy development in this area. This publication reflects Riemer Hess’s dedication to enhancing the understanding of complex disability law issues among legal practitioners and policy makers alike.
Click the link below for access to the full publication today.
New Book Release: A Personal Injury Attorney’s Guide to TBI LTD Claims
Riemer Hess is excited to announce the release of our latest publication, "A Personal Injury Attorney’s Guide to TBI LTD Claims," authored by our seasoned LTD attorney partners, Jennifer Hess and Scott Riemer. This essential guide provides a deep dive into navigating Long Term Disability claims for clients with Traumatic Brain Injuries (TBI), blending legal expertise with practical strategies to enhance claim success. This book is a critical resource for personal injury attorneys looking to expand their understanding of LTD claims associated with TBI. The guide covers everything from the initial assessment of a claim to the intricacies of dealing with insurance companies, offering valuable insights that can significantly impact the outcomes of TBI-related disability claims.
Read more about the book here.
LITIGATION ROUNDUP
Chung v. Provident Life and Casualty Insurance Company
In 2023, the Southern District of New York awarded our client, a prominent attorney partner of Simpson Thacher, full disability benefits retroactive to his date of disability. In Q1 of 2024, the court further awarded Riemer Hess approximately $375,000 in attorney’s fees, ensuring our client was made financially whole. This substantial award effectively allowed him to pursue litigation without incurring any attorney fee costs, underscoring our commitment to securing just outcomes for our clients while removing financial barriers. This decision marks a critical precedent for future ERISA litigation. The litigation was led by Partner Jennifer Hess, together with significant contributions from Partner Scott Riemer and Associate Ryan McIntyre.
Graziano v. First Unum Life Insurance Company
In 2023, we achieved a victory in Graziano v. First UNUM Life Insurance Company in the federal court in Manhattan. The plaintiff, a Senior Property Underwriter, successfully challenged the denial of his benefits due to lumbar impairments. The court’s decision, which sharply criticized UNUM’s handling of the claim, resulted in the award of benefits to Mr. Graziano and an order for a remand to review his ongoing eligibility for benefits.
Following this initial success, we achieved a further triumph in Q1 of 2024 where the court granted the plaintiff's request for attorney’s fees in full. This significant victory underscores the court's recognition of the reasonable hourly rates charged by Riemer Hess in light of the firm’s experience and capability, and that the amount of time expended was appropriate given the circumstances. This case serves as a valuable precedent and will help secure large attorney fee awards for other Riemer Hess clients in the future. The litigation and remand were led by Partner Jennifer Hess, along with Associate Ryan McIntyre. Senior Paralegal Hannah Cochrane also made significant contributions to this matter.
Quigley v. Unum Life Insurance Company of America
In this long-term disability dispute in the federal court in Manhattan, the court denied the parties' cross motions for summary judgment in Q4 2023, leading the matter to be ripe for trial. In Q1 2024, the parties resolved the matter without further court intervention. The litigation was led by Partner Jennifer Hess, together with Associate Ryan McIntyre. Senior Paralegal Hannah Cochrane provided substantial support throughout the case.Rappaport v. Guardian Life Insurance Company of America
In December 2023, the court issued a scheduling order for the Parties to file motions for summary judgment. In January 2024, we prepared and filed a thorough motion, which argued for a de novo standard of review based on Guardian’s numerous violations of the ERISA claims regulations and that Guardian’s claim for an overpayment should be dismissed for failure to establish the essential elements of its claim. We are currently awaiting the Court's decision on our motion in this case being litigated in the federal court in Manhattan. The litigation is being led by Partner Scott Riemer and Associate Ryan McIntyre.Doe v. First Unum Life Insurance Company
After initiating litigation in Q3 2023, this case in the federal court in Manhattan is now getting ready to move into briefing in Q1 2024. A scheduling conference is scheduled for June, and mediation between the parties is scheduled for this month. The litigation is being led by Partner Jennifer Hess and Associate Samantha Wladich. Paralegal Michele Wagner is providing substantial support.
Jane Roe v. First Unum Life Insurance Company
In Q1 2024, we began preparing to file a new litigation on behalf of Jane Roe in the federal court in Manhattan, requesting the use of a pseudonym to maintain the client's anonymity due to the sensitivity and stigma associated with her illness. Briefing is expected to begin in late summer 2024. The case is led by Partner Jennifer Hess with Associate Samantha Wladich. Paralegal Michele Wagner is providing substantial support.
Zurita v. First Unum Life Insurance Company
In Q1 2024, we began preparing to file a new case on behalf of Ms. Zurita, who came to us after First Unum terminated her long-standing LTD benefits, which were paid for nearly 10 years. Unum made several errors when suddenly denying this longstanding claim. These errors include relying on a faulty surveillance report which misidentifies the claimant; miscalculating the claimant’s indexed monthly earnings; and alleging the claimant can perform a job that is not identifiable on any publicly available vocational database. This case, to be filed in the Manhattan federal court, is expected to proceed to briefing in late summer. The case is being led by Associate Ryan McIntyre with Paralegal Michele Wagner providing substantial support.
McLaughlin v. First Unum Life Insurance Company
This new case was filed in the federal court in Manhattan on behalf of a prominent law attorney, with Riemer Hess serving as local counsel to ERISA colleagues in Chicago. We anticipate this case will move into briefing by late summer. On the local front, the litigation is being handled by Partner Jennifer Hess with Associate Ryan McIntyre.
Israel v. Unum Life Insurance Company of America
After the Court-ordered a remand because Unum failed to provide Israel with a full and fair review, we submitted a exhaustive remand file in Q4 2023 and Q1 2024. Despite our comprehensive submission, Unum denied the case again. Our firm is currently reviewing the matter for further potential litigation in the federal court in Manhattan. The litigation is being handled by Partner Jennifer Hess and Associate Ryan McIntrye. Senior Paralegal Hannah Cochrane is providing substantial support.
Thomas R v. Hartford Life and Accident Insurance Company
We continue to await a decision on our bench trial briefs which were fully submitted to the Court in December 2022. Given the substantial delay in the Court's timeline to issue a decision, we recently sent a follow-up letter to expedite the process. The litigation is being led by Partner Scott Riemer, with Associate Ryan McIntyre.
