(Presented to the Legal Association of Women on October 11, 2017) INTRODUCTION Generally, citizens have the right to be free from police use of excessive force; meaning an officer may not use unreasonable force. The right to make an arrest … more

Williams Mullen Mark S. Thomas and Robert W. Shaw In Kenseth v. Dean Health Plan, Inc., No. 11-1560 (June 13, 2013), the Seventh Circuit Court of Appeals reviewed the scope of equitable remedies available under ERISA and determined that the erroneous advice given to … more

Original Ruling Dist. Ct. erred in granting defendant health benefits plan’s motion for summary judgment in ERISA action, alleging that defendant breached fiduciary duty to plaintiff-plan participant where plaintiff alleged that defendant failed to provide her with procedure through which … more

by Justia Inc. In 1987, Kenseth underwent surgical gastric banding, covered by her insurer. About 18 years later Dr. Huepenbecker, advised another operation for severe acid reflux and other problems resulting from the first surgery. Her employer provided insurance through … more

by Stanley D. Baum, J.D., LL.M., Lerner Law Firm & Associates, P.C. The case of Kenseth v. Dean Health Plan, Inc., No. 11-1560 (7th Cir. 2013), involved second appeal of plaintiff Deborah A. Kenseth (“Kenseth”) in her suit under ERISA … more

Original Article Here (PDF) Donald T. Bogan,* Stacey C.S. Cerrone** and Thomas G. Moukawsher*** In Kenseth v. Dean Health Plan, Inc., 610 F.3d 452, 49 EB Cases 1652 (7th Cir.2010), an ERISA claims administrator (empowered with discretionary authority) for a … more

Law360, New York A woman who sued Dean Health Plan Inc. under the Employee Retirement Income Security Act after being stuck with a $77,974 medical bill can seek monetary compensation in light of the U.S. Supreme Court’s 2011 Cigna Corp. … more

by: Kathryn M. Almar Arthur N. Lerner Crowell & Moring LLP – Washington Office May 24, 2011 Previously published on May 20, 2011 The district court for the Western District of Wisconsin ruled that ERISA claims brought by a plan … more