Riemer Hess Quarterly Report: 2024 Q3

Welcome to the Riemer Hess Quarterly Report. This newsletter is intended to cover the Firm’s most relevant highlights of 2024 Q3. 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 Q3 of 2024, Riemer Hess continued to support “Jane Doe,” a young woman facing serious health challenges. Jane has been diagnosed with Ehlers-Danlos Syndrome (EDS), Postural Orthostatic Tachycardia Syndrome (POTS), Long Covid, and symptoms of Chronic Fatigue Syndrome. Understanding the limitations her conditions impose, Jane sought assistance from Riemer Hess, explicitly aiming to manage her exit from her current role while preserving positive relationships and leaving on favorable terms.

During this quarter, we successfully secured the approval of Jane’s Short Term Disability (STD) benefits. However, the insurer has imposed ongoing periodic updates rather than extending the benefits to their maximum duration. We are actively addressing this requirement while also preparing to transition Jane to Long Term Disability (LTD) benefits. Our team remains in close collaboration with her primary care physician and cardiologist, gathering the necessary documentation and exploring further testing to strengthen her claim.

Developments In Our Team

Welcoming Back Paralegal Sam Cornielle-Renner, Our Litigation Superstar
We are thrilled to welcome back Sam Cornielle-Renner, a highly skilled paralegal who has rejoined our firm after a leave. With extensive experience in litigation, Sam is now being co-assigned to all litigation matters, bringing valuable expertise and support to our team. Her dedication and professionalism make her an asset to the firm, and we are excited to have her back on board.

FIRM OUTREACH AND EDUCATION ROUNDUP

Riemer Hess Supports Tisch MSRCNY

Riemer Hess was proud to sponsor the Tisch MSRCNY 2024 Future Without MS Gala held on October 30, 2024. This annual event supports the Tisch MS Research Center’s groundbreaking work to discover the cause and cure for Multiple Sclerosis (MS). Last year’s gala raised a record-breaking $4.4 million, and this year’s event aims to go even further in funding innovative research to improve the lives of those living with Multiple Sclerosis.

With over 30 years of experience helping professionals and executives with long term disabilities, including many affected by Multiple Sclerosis, Riemer Hess is committed to securing the benefits our clients deserve and protecting their financial futures during challenging times. We are honored to contribute to this important cause and to support the vital work being done by Tisch MSRCNY.

The Future of ERISA Regulations: Research in a Post-Loper Era

The U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo has sparked widespread discussion about the future of Chevron deference, a foundational principle in administrative law. Established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), the Chevron doctrine requires courts to defer to a federal agency’s interpretation of ambiguous statutes, as long as that interpretation is reasonable. This deference has played a crucial role in how courts interpret regulations created by agencies like the Department of Labor (DOL), which promulgated ERISA’s claims procedure regulations relevant to group long term disability (LTD) claims.

In Loper, the Supreme Court limited the application of Chevron deference in cases involving certain agency actions. While the decision centered on the fishing industry, its implications could ripple across other sectors, including the DOL’s enforcement of ERISA regulations that protect claimants in group LTD disputes. There is much discussion that a reduction in deference to the DOL could open the door for more challenges to the agency’s interpretations of ERISA, potentially weakening claimant protections.

In response, Riemer Hess is compiling research to prepare a scholarly article that supports the continued strength of DOL regulations in the face of this evolving legal landscape. Our article will argue that these regulations, particularly those that ensure fairness in the ERISA disability claims process, should remain robust despite the changing approach to Chevron deference.

By examining the legal reasoning behind Loper and the role of Chevron, we aim to highlight why the protections under DOL regulations must stand strong, ensuring that the rights of claimants are upheld in future ERISA cases.

LITIGATION ROUNDUP

Rappaport v. Guardian Life Insurance Company of America

Doe v. First Unum Life Insurance Company

Jane Roe v. First Unum Life Insurance Company

In Q3 of 2024, Riemer Hess continued to advance Jane Roe v. First Unum Life Insurance Company in federal court in Manhattan. With the defendant’s answer received, initial discovery requests served, and responses returned (mostly with unwarranted objections), the team is now strategizing its response. Given the similarities between this case and Doe v. First Unum—including the same McKinsey policy and the nature of the plaintiff’s disability—the firm has proactively begun drafting the brief. The case, filed under a pseudonym due to the sensitivity of the plaintiff’s illness, is being led by Partner Jennifer Hess, with Associate Samantha Wladich and Paralegal Michele Wagner providing substantial support. Associate Jennifer Manger and Paralegal Sam Cornielle-Renner recently joined for support. As of this quarter, the firm is preparing to engage in private mediation while continuing to draft the brief and push back in discovery.  

Zurita v. First Unum Life Insurance Company

In Q3 of 2024, Riemer Hess continued to litigate Zurita v. First Unum Life Insurance Company in federal court in Manhattan. The case involves the termination of Ms. Zurita’s long-standing LTD benefits after nearly 10 years of payments, with Unum’s errors including reliance on a faulty surveillance report, misidentification of the plaintiff, a miscalculation of her indexed monthly earnings, and an unsupported vocational assessment. Following receipt of the defendant's answer, we promptly sent out discovery requests. The parties have now requested to engage in a magistrate-led settlement conference, which is currently being scheduled. We have received discovery responses, most of which contained unwarranted objections, and are strategizing our response, particularly on the earnings miscalculation issue. The case is expected to proceed to briefing in the fall and is being led by Associate Ryan McIntyre, with Paralegals Jessica Carrion and Michele Wagner providing substantial support.  Paralegal Sam Cornielle-Renner also recently joined for support.

McLaughlin v. First Unum Life Insurance Company

Riemer Hess is serving as local counsel in McLaughlin v. First Unum Life Insurance Company, filed in federal court in Manhattan on behalf of a prominent law attorney. With the defendant’s answer and administrative record received, the firm’s ERISA colleagues in Chicago are reviewing the record to further develop the case for briefing. The case, handled locally by Partner Jennifer Hess and Associate Ryan McIntyre, is progressing toward a private mediation, with the parties actively preparing for this next step.

Israel v. Unum Life Insurance Company of America

In Israel v. Unum Life Insurance Company of America, Riemer Hess re-initiated litigation after Unum denied the claim again, despite a court-ordered remand due to Unum’s failure to provide a full and fair review. The case involves a woman who suffered a severe TBI requiring a craniotomy, three weeks of unconscious hospitalization, and substantial rehabilitation. The firm received the defendant’s answer and an updated administrative record of 21,000 pages. The team is nearly finished reviewing, bookmarking, and extracting evidence from this extensive record.  The team proactively started preparing the draft the opening brief, given the extent of the evidence this case entails. Ongoing since 2021, the firm is eager to hold Unum accountable for avoiding this well-supported claim.

Thomas R v. Hartford Life and Accident Insurance Company

In Thomas R v. Hartford Life and Accident Insurance Company, Riemer Hess has been awaiting a decision on bench trial briefs that were fully submitted in December 2022. After a substantial delay, oral argument was finally held in October 2024, led by Associate Ryan McIntyre. The firm, with Partner Scott Riemer overseeing the litigation, now awaits the judge’s decision, while a possibility of alternative dispute resolution (ADR) remains.

Cruikshank v. First Unum Life Insurance Company

Riemer Hess has recently filed Cruikshank v. First Unum Life Insurance Company in the federal district court in Manhattan on behalf of a disabled attorney residing in Canada. Despite a robust and well-supported appeal, First Unum denied the claim, disregarding substantial evidence of the attorney’s disability. Led by Partner Jennifer Hess with Associate Samantha Wladich, and supported by Paralegals Michele Wagner and Georgette Pascual, the team is prepared to litigate vigorously. Paralegal Sam Cornielle-Renner recently joined for support. As the case kicks off, the team is proactively charting out the plaintiff’s evidence in support of the claim, while awaiting the defendant’s answer due this fall.

Wanger v. Unum Life Insurance Company of America

Riemer Hess has filed and served Wanger v. Unum Life Insurance Company of America in the federal district court in Manhattan on behalf of a disabled senior manager tax attorney. The case involves a complex combination of medical issues, including visual abnormalities, vestibular dysfunction, headaches, and fatigue. Despite submitting a well-supported appeal, Unum denied the claim, disregarding substantial evidence of the plaintiff’s inability to work. The litigation, led by Partner Jennifer Hess and Associate Ryan McIntyre with support from Paralegal Hannah Cochrane, aims to hold Unum accountable for ignoring compelling evidence of the client’s disability. Paralegal Sam Cornielle-Renner also recently joined for support. The defendant’s answer is due in early November, with an initial scheduling conference set for mid-November. The team remains focused on ensuring that the case is presented clearly and effectively, given the complexity of the medical conditions and testing involved.