Partner Jason Newfield just returned from the American Conference Institute’s 20th National Advanced Forum on Litigating Disability Insurance Claims, where he was again one of the featured speakers. ACI is the nation’s premier conference on Litigating Disability Insurance Claims.
Jason’s panel addressed a critical litigation topic, the nature and contours of discovery in ERISA disability claims. Given the removal of discretionary clauses in many disability insurance policies, many of these cases are now being litigating under the de novo standard of review, as opposed to the more challenging arbitrary and capricious standard of review.
In de novo cases, however, many of the Courts have placed certain limits and constraints upon the scope of discovery. The panel discussion addressed some of these limitations, as well as strategies to employ to secure more significant discovery, even when Courts are more hesitant to afford significant discovery.
The conference was a huge success, and Jason received strong compliments as to his presentation, discussing the issues in greater detail with several attendees following his presentation.
Jason has been presenting at ACI regularly, concerning various topics relating to ERISA disability litigation. He thoroughly enjoys spending time with his colleagues on both sides – plaintiff and defendant, as well as engaging in discussions with in house claim personnel and in house legal department personnel. The honest exchange of ideas and practices continues to motivate Jason to attend these conferences and offer his insight to the group.