Representative Experience
  • General Experience
    • Piazza v. EBSCO Industries, Inc., 273 F.3d 1341 (11th Cir. 2001)
      Reversing class certification of claims alleging that ERISA fiduciaries incorrectly valued stock of plan sponsor.

      Herman v. South Carolina National Bank, 140 F.3d 1413 (11th Cir. 1998)
      Reversing summary judgment and holding that Secretary of Labor’s claims were not bared by ERISA plan participants’ prior class action settlement of claims for same damages and based on same alleged acts.

      Scarpula v. Bayer Corporation Disability Plan, 514 F. Supp. 2d 1262 (N.D. Ala. 2007)
      Holding plaintiff entitled to own occupation disability benefits and remanding claim to administrator to evaluate claim for any occupation disability benefits.

      Wilcox v. Standard Ins. Co., 340 F. Supp. 2d 1266 (N.D. Ala. 2004)
      Granting motion for summary judgment and holding state statute as to delivery of policy to be preempted by ERISA.

      Fitzgerald v. Bestway Services, Inc., 284 F. Supp. 2d 1311 (N.D. Ala. 2003)
      Denying motion to remand ERISA claims and adopting the last served defendant rule for timeliness of removal.

      Revells v. Metropolitan Life Ins. Co., 261 F. Supp. 2d 1359 (M.D. Ala. 2003)
      Granting summary judgment and holding that bad faith claim was not saved from ERISA preemption and that offsets for Social Security payments did not violate Social Security Act.

      Blaylock v. Mutual of New York Life Ins. Co., 228 F. Supp. 2d 778 (S.D. Miss. 2002)
      Denying motions to remand for 42 plaintiffs participating in ten nongovernmental plans and holding that the plans did not fall within the payroll deduction safe harbor exclusion from ERISA preemption.

      In re Amsted Industries Inc. “ERISA” Litigation, 162 F. Supp. 2d 697 (J.P.M.L. 2001)
      Granting defendants’ motions to transfer all related actions to the N.D. Ill. and consolidating all actions.

      Bridges v. Principal Life Ins. Co., 132 F. Supp. 2d 1325 (M.D. Ala. 2001)
      Holding that ERISA completely preempts claims alleging fraudulent inducement based on alleged representations that individual adjustable life insurance policy was a retirement plan.

      Bridges v. Principal Life Ins. Co., 141 F. Supp. 2d 1337 (M.D. Ala. 2001)
      Holding that ERISA completely preempts claim for fraudulent inducement against employed insurance agent.

      Sorrells v. Sun Life Assurance Co. of Canada, 85 F. Supp. 2d 1221 (S.D. Ala. 2000)
      Granting summary judgment in favor of insurer as to claim for accidental life and dismemberment benefits and holding that plan language requiring proof “satisfactory” to insurer was sufficient under ERISA to require discretionary review.

      Adair v. Johnston, 221 F.R.D. 573 (M.D. Ala. 2004)
      Denying motion for class certification of ERISA reporting and disclosure claims based on indefiniteness of class definition.

      Blue Cross and Blue Shield v. Nielsen, 917 F. Supp. 1532 (N.D. Ala. 1996)
      Holding that Alabama Assignment Act, Alabama Dental Act and Alabama Pharmacy Act were not saved from ERISA preemption), aff'd in part, vacated in part, 142 F.3d 1375 (11th Cir.).

      Complete Health Inc. v. Rasberry, 864 F. Supp. 1129 (N.D. Ala. 1994)
      Granting summary judgment and holding that ERISA plan excluded coverage for bone marrow transplant.

      Martin v. South Carolina Bank, 811 F. Supp. 679 (M.D. Ga. 1992)
      Granting defendants’ motions to transfer venue of Secretary of Labor’s claims to the N.D. Ala.

      Martin v. Rutledge, 807 F. Supp. 693 (N.D. Ala. 1992)
      Holding that civil action seeking to require corporate officer to make restitution to pension plan did not violate his double jeopardy rights after criminal conviction of same officer requiring him to make same restitution.

      Blair v. Metropolitan Life Ins. Co., No. 4:12-cv-1776-JEO, U.S. District Court for the Northern District of Alabama
      Removed to federal court and obtained summary judgment on plaintiff’s claims for ERISA benefits.


      Blair v. Metropolitan Life Insurance Company, 955 F.Supp.2d 1229 (N.D. Ala.)

      Successfully defended two ERISA benefits claims, obtaining judgment for claims administrator and dismissal of subsequent claim.

      Witt v. Metropolitan Life Insurance Company, et al., 12-CV-2157 – (N.D. Ala.)

      Successfully defended ERISA benefits claim, obtaining judgment for defendants.

      Sorrells v. Sun Life, U.S. District Court, (S.D. Ala.)

      Successfully defended company in ERISA benefits claim, creating positive precedent in Alabama on issue.