Garofolo Law Group, P.C. - Employee Benefits Attorneys

Litigation

Our attorneys have handled numerous litigation matters involving retirement and health plans.  We have represented participants, plan sponsors, and providers in lawsuits throughout the country.  We have represented clients with respect to a broad range of issues, including litigation involving the Secretary of Labor and pre-litigation matters involving the Department of Labor.  We provide representation in federal courts at both the trial and appellate court levels.  

The following are some of the matters with respect to which our attorneys have provided representation:

  • Represented plan participants challenging employee stock ownership plan transaction and creation of an escrow fund in class action litigation.  See Eslava, et al. v. Gulf Telephone Company, et al., Civil Action No. 04-297-KD-B, U.S.D.C. for the Southern District of Alabama;
  • Represented service provider defendant in a lawsuit alleging failure of the service provider to collect delinquent employer contributions.  See Tiernan, et al. v. Sigma Capital, Inc. Retirement Savings Plan, et al., Case No. 1:09-cv-905-SJD-TSH, U.S.D.C. for the Southern District of Ohio;
  • Represented medical provider in consolidated suits against insurance company seeking unpaid physical therapy benefits.  See Spinedex Physical Therapy, U.S.A., Inc. v. United Healthcare of Arizona, Inc., Case Nos. CV 04-1576-PHX-JAT (lead), CV 04-1578-PHX-MHM (consol.), CV 04-1579-DGC (consol.), U.S.D.C. for the District of Arizona;
  • Represented participant in suit to recover disability benefits against insurance company.  See Cyr v. Reliance Standard Life Insurance Company, et al., Case No. CV 06-1585 DDP (RCx), U.S.D.C. for the Central District of California.  Also represented same participant as plaintiff/appellee on appeal to the United States Court of Appeals for the Ninth Circuit in Case Nos. 07-56869 and 08-55234 (video of argument before en banc panel of the Ninth Circuit Court of Appeals available at: http://www.ca9.uscourts.gov/media/view_subpage.php?pk_vid=0000006150);
  • Represented defined benefit plan participants of a multiemployer plan in class action litigation seeking fair allocation of insurance demutualization proceeds.  See Byrne, et al. v. Board of Trustees of the Electrical Workers Defined Contribution Plan for Northern Nevada, Case No. 3:08-cv-000074 LRH (RAM), U.S.D.C. for the District of Nevada; and
  • Represented participants of a multiemployer defined benefit plan seeking additional retirement benefits.  See Mainieri, et al. v. Board of Trustees Local 825 Pension Fund, et al., Civil Action No. 07-1133 (PGS), U.S.D.C. for the District of New Jersey.

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