This is the federal law which governs the entitlement of most Americans to employee benefits such as health care, disability payments, life insurance and pensions.

RALPH C. LOSEY, J.D., Attorney at Law

Providing Defense Only ERISA Litigation Legal Services.
Ralph Losey and his law firm represent only Employers, ERISA Plans and Claims Fiduciaries, including insurance companies. There are many other fine lawyers that specialize in employee representation and plaintiff's work. Look on the cover of most phone books. Sorry, we do not accept employee cases, and we do not provide free advice.

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Why ERISA litigation is important.
A defense lawyer's homily.

 LANDMARK SUPREME COURT DECISIONS ON ERISA.
Learn about ERISA from the highest Court in the land.

Published ERISA decisions where Ralph Losey was the attorney.
Losey's 30 published decisions - all defense - is a track record which speaks for itself as to his experience and expertise in ERISA litigation.
 
 
 
 

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WHY ERISA LITIGATION IS IMPORTANT

Each year millions of legitimate claims for employee benefits are made by honest Americans. These claims -- such as a request for a group insurer to pay a medical bill -- are governed by the federal laws of ERISA. These laws preempt and supercede any contrary laws of the states.

Almost every one who participates in group insurance at work is effected by ERISA. The benefits you receive at work are provided as a "private welfare benefit" under ERISA. These laws control the benefit plans established by most every employer in the country. (There are, however, a few exceptions. For instance, governmental employees are excluded from ERISA.)

There are always some people who want to beat the system. They want to get more than they are entitled to. They want something for nothing, a free ride at our expense. Some even commit fraud to get ERISA welfare benefits. For instance, they might exaggerate their medical problems to try and get disability benefits for the rest of their life, instead of work. Perhaps you know someone like that. Alas, it is all too common. Many people would prefer to collect welfare benefits than work. That is where the laws of ERISA and defense litigation lawyers like myself come into play.

The ERISA Plans set up by employers catch most of these invalid claims. But still, despite their best efforts, some bogus claims slip through, and are paid. When this happens the price the rest of us must pay for group insurance, products and services necessarily goes up.

Most of the time these claims are caught and denied. The money is thus saved for the vast majority of honest people who are truly in need. Usually that is the end of it. After denial of a bogus claim, the person gives up. But in some cases, the person does not accept the decision. They sue instead!

Lots of deluded people today think a pot of gold lies at the end of every law suit. No! Instead, they will meet someone like me who will fight them in court to prevent payment of bogus and fraudulent claims. Some people are jaded by the OJ trial, they think they can fool a jury into giving them what they don't deserve. But guess what -- ERISA does not allow for a jury trial! The Courts and Judges are very savvy in this area of the law and almost always sustain the denials.

Of course, not all claims that are denied are fraudulent or bogus. Sometimes honest mistakes are made. In some denials there is room for an honest debate. Generally these disputes are settled, either in an ERISA administrative appeal before suit is filed, or after suit in a settlement, or mediation, or by the judge.

So much for my "slightly biased" editorial introduction. (I do ERISA defense work exclusively and represent many ERISA Plans, employers and insurance companies in Florida.) What really counts in this area of the law, like all others, is not what the lawyers say, but what the Law says. Here you will find some of the LAW in this are:

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ERISA LAWS

Landmark Supreme Court Cases on ERISA

Pilot Life v Dedeaux In my view this is the most important case in the field of ERISA law. This unanimous decision of the United States Supreme Court provides a good introduction to the law of ERISA and confirms its complete preemption over state laws.

Firestone v. Bruch This is the second biggest case in ERISA. It provides guidance to the courts on how to review the claim decisions and refers to the common law of trusts. Another excellent case of the United States Supreme Court to introduce you to the complex laws of ERISA.
 
 

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For more on ERISA law, see a few of Ralph Losey's published cases in ERISA:

Fick v. Metropolitan Life Ins. Co., No. 03-80590-CIV-PAINE/JOHNSON (S.D. Fla. Nov. 11, 2004) (publication pending).

Sejdic v. Group Long-Term Disability Plan for Employees of Homeside Lending, Inc.; Homeside Lending, Inc.; and Hartford Life Ins. Co., No. 3:03-CV-820-J-20-MCR (M.D. Fla. Oct. 29, 2004) (publication pending).

Seeger v. Metropolitan Life Ins. Co., No. 3:03-CV-327/LAC/MCR (N.D. Fla. Sept. 29, 2004) (publication pending).

Kirk v. Metropolitan Life Ins. Co., 331 F. Supp. 2d 1361 (M.D. Fla. July 22, 2004).

Curran v. Abbott Laboratories Extended Disability Plan, 331 F. Supp. 2d 1376 (M.D. Fla. July 9, 2004).

Hufford v. Harris Corporation, 322 F. Supp. 2d 1345 (M.D. Fla. May 18, 2004).

Barchus v. Hartford Life and Acc. Ins. Co., 320 F. Supp. 2d 1266 (M.D. Fla. May 4, 2004).

Meyer v. Hartford Life and Acc. Ins. Co., 320 F. Supp. 2d 1256 (M.D. Fla. April 24, 2004).

Revello v. Life Ins. Co. of North America, 2004 WL 1253887 (M.D. Fla. March 22, 2004).

Onofrietti v. Metropolitan Life Ins. Co., 320 F. Supp. 2d 1250 (M.D. Fla. March 19, 2004).

Fick v. Metropolitan Life Ins. Co., , 320 F. Supp. 2d 1314 (S.D. Fla. Feb. 3, 2004).

Lake v. Hartford Life and Acc. Ins. Co., 320 F. Supp. 2d 1240 (M.D. Fla. Jan. 13, 2004).

Shaw v. Connecticut General Life Ins. Co., 353 F.3d 1276 (11th Cir. 2003).

Lake v. Hartford Life and Accident Ins. Co., 218 F.R.D. 260 (M.D. Fla. 2003).

Earnest v. Metropolitan Life Ins. Co., 291 F. Supp. 2d 1327 (M.D. Fla. 2003).

Torres v. Pittston Co., 346 F.3d 1324 (11th Cir. 2003).

Parness v. Metropolitan Life Ins. Co., 291 F. Supp. 2d 1347 (S.D. Fla. 2003).

Riccard v. Prudential Ins. Co., 307 F.3d 1277 (11th Cir. 2002).

Jordan v. Lakeland Regional Medical Center, Inc., 153 F. Supp. 2d 1333 (M.D. Fla. 2001).

Thomas v. Lockheed Martin Information Sys., 155 F. Supp. 2d 1316 (N.D. Fla. 2001).

Chilton v. Prudential Ins. Co. of Am., 124 F. Supp. 2d 673 (M.D. Fla. 2000).

Chiroff v. Life Ins. Co. of N. Am., 142 F. Supp. 2d 1360 (S.D. Fla. 2000).

Shaler v. United of Omaha Life Ins. Co., 718 So. 2d 953 (Fla. 5th DCA 1998).

Mutual of Omaha Ins. Co. v. Gold, 681 So. 2d 1204 (Fla. 5th DCA 1996).

Mutual of Omaha Ins. Co. v. Wood, 679 So. 2d 69 (Fla. 5th DCA 1996).

Mutual of Omaha Ins. Co. v. Gold, 669 So. 2d 362 (Fla. 5th DCA 1996).

Lowe v. Telesat Cablevision, Inc., 837 F. Supp. 410 (M.D. Fla. 1993).

Lowe v. Telesat Cablevision Inc., 825 F. Supp. 1000 (M.D. Fla. 1993).

Novak v. Irwin Yacht and Marine Corp., 986 F.2d 468 (11th Cir. 1993).

Shideler v. Connecticut General Life Ins. Co., 563 So. 2d 1082 (Fla. 5th DCA 1990).

As you can see by the limited information presented in this web, ERISA is one of the most complex areas in the law. For questions consult a qualified attorney in the area where you live. Please be advised that my law firm is only available for consultation in the defense of these claims. You will find there are many fine attorneys who specialize in plaintiff's work, but sorry, we cannot recommend one in particular.