Disability Insurance Blog

Court Grants Discovery Predicated Upon Frankel & Newfield Precedents

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Monday, January 9th, 2012

A New York Federal Judge has granted a plaintiff significant discovery, relying largely upon a number of precedents secured by Frankel & Newfield, P.C., in ERISA long term disability insurance litigation.

The Court decided that the plaintiff would be permitted to take depositions of both party and non-party witnesses, relying upon prior cases where our firm convinced a sister court to grant such discovery. Defendants typically challenge a plaintiff’s right to discovery in these ERISA insurance litigations, arguing that the Court is limited to considering only documentation that appears in the administrative record compiled by the insurer.

Here, the Court was willing to permit plaintiff significant discovery, addressing issues of the Defendant’s conflict of interest and its relationship with third party vendors. We are pleased to see traction to numerous discovery decisions secured by our firm, and that other plaintiffs are able to leverage our success in an effort to level the litigation playing field.

Varney v. NYNEX