What am I talking about? Why the ERISA Litigation Conference. What's this all about? Taken directly from the site (it won't be up much longer as the Conference is scheduled for October 19-20), but here's the link just the same. Never fear, I have a link to the official conference information below.
The premier ERISA litigation conference devoted entirely to the defense of claims, led by an unparalleled faculty of 28 in-house counsel, 21 federal judges, and the top outside counsel defense litigators and firms.
The volume of ERISA litigation has greatly increased. The cases are complex and the stakes involved for defendants are exceptionally high. There are huge variations in the types of cases that arise under ERISA, as well as substantive differences involved in defending against the various claims. The best plaintiff attorneys are getting into these cases because, among other things, they can recover attorney fees. As a result, the defense bar is seeing more and more class actions, with the top ten settlements for ERISA-related class action cases topping $17 billion in 2008.
Wow, entirely dedicated to the DEFENSE of CLAIMS. Well sure the volume of ERISA litigation has increased when all the insurance companies DENY claims. So they have to get together and figure out how to better defend against these claims when they come up as lawsuits.
Funny, if they didn't deny valid claims in the first place, like say denying a man with Progressive Multiple Sclerosis his benefits, maybe they wouldn't have this problem. Oh wait, they'd lose all those obscene profits if they had to pay out what they are contractually obligated to do. (They'd still make money because it's a risk pool.) But how would H. Edward Hanway rake in millions upon millions each year if CIGNA actually serviced their customers?
But the most insidious fact in all this is that 21 Federal Judges will be in attendance at this lovely get-together where the main topic is the DEFENSE of claims. And good thing I downloaded the PDF and uploaded it for you for this shindig, as now they want you to register before you receive the information.
What are they trying to hide? Oh yes, the fact that 21 Federal Judges are rubbing elbow with the Insurance Industry at a very lovely hotel in New York--with wining and dining and all the other things that make conferences so enjoyable, like Broadway Plays. Hey, Mama Mia! is still playing at the Winter Garden. Think of the sing-a-long to Money Money Money they could all bond over.
But aren't judges supposed to be impartial? In case you are wondering, here is the Code of Conduct for United States Judges. I see a problem. What kind?
Let's look at what this Evil Gathering will be talking about for 2 days, shall we? From the PDF:
In-House Think Tank on Containing Costs, Preventing and Managing Litigation & Using the Claims Review Process to Set Up, Control and Strengthen the Defense
Well I sure as hell wouldn't want the judge hearing my case to be spending time listening to defense attorneys and insurance plan counsels explaining how to use the claims review process to boot my claim out of court. I don't think that is serving justice.
Preventive Measures to Eliminate or Mitigate ERISA Exposure
• Internal compliance assessment and making sure your ERISA house is in order – Knowing the plans, fiduciary roles, insurance coverage issues, and contracts well before a lawsuit is filed
Once a Suit is Filed for Benefits Under an ERISA Plan, How to Address Evidence Outside the Administrative Record, Standards of Review, Conflicts of Interest & Discovery
Address evidence outside the administrative record. You know, like important medical records. Unbelievable.
And my personal favorite:
Evidence Before the Court• Dealing with the case as it is handed to you following a poorly handled administrative process
• Defending the adequacy of administrative claims review
• Limiting the evidence that plaintiff attorneys can present regarding the claim
Federal judges are going to be educated about limiting evidence attorneys can present regarding the claim? Sickening, isn't it? And check this out below, the panel of the Federal judges and what will be discussed.
View From the Bench: Federal District & Magistrate Judges Speak out on How to Convey Complexities to a Court (including a Plan and the ERISA Statute), Effective Theories/Defenses, Evidentiary Approaches, Statute of Limitations, Deciding Cases Early, Discovery, Forum Shopping and More
• Early defense considerations (motions to dismiss, preemption, summary judgment practice)
• Novel approaches to case management
• Making the decision to allow or not allow extensive conflict of interest discovery
• Discovery limits
• Jury demands, motions to strike, motions to sever non-ERISA claims from ERISA claims
• Conveying the complex to the court, including the technical aspects of the ERISA statute or of the procedural differences in ERISA cases
- how to enhance the court’s knowledge of ERISA application, including the standards on recovery and discovery, scope of review issues, and procedural nuances such as exhaustion, preemption, privilege issues and the like
- explaining a plan and ERISA to the court in a simple and clear fashion – how to get the judge in your case up to speed on the terms of the ERISA plan and record and the basis for the denial of a claim for benefits
When I hear the outrage of certain Public Servants wanting to deny us Universal Health Care--hey, members of the GOP that would be you, and then I see this outrageous behavior on the part of Federal Judges, then I know what it's all about and that is Corporate America comes before The People. Hope you are all proud of yourselves, all 21 of you. Give up your robes. You are all a disgrace to the Bench.
More ERISA information can be found from the following resources.
Problem is ERISA
Families USA
The Kaiser Family Foundation
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