Represented a North Carolina third party administrator of health benefits in lawsuit brought by assignee of out-of-network surgical center alleging breach of contract and promissory estoppel arising out of disagreement over calculation of UCR and application of payment exclusions. Matter successfully resolved after dismissal for lack of personal jurisdiction.

Represented a North Carolina third party administrator of health benefits in lawsuit brought against it, municipal-sponsored group health plan, and municipality by a municipal employee enrollee of the plan challenging the application of certain plan exclusions for “illegal acts” arising out of an alcohol-related auto accident. Matter successfully resolved. Represented North Carolina health insurer in Medicare primacy dispute with hospital system and employer sponsor of group health plan resulting from employer’s failure to disenroll employee at time of retirement. Matter successfully resolved.

Represented North Carolina health insurer in suit against health care provider over fraud, waste, and abuse arising from overbilling for diluted allergen shots. Obtained successful result during jury trial.

Representative ERISA matters:

Represented third party administrator of health benefits in lawsuit brought by health benefit plan and plan sponsor over alleged failure to comply with regulations related to the claims procedure under Section 502 of ERISA. Matter successfully resolved.

Represented R.J. Reynolds Tobacco Company in longstanding ERISA class action alleging breach of fiduciary duty related to RJRT’s 401K plan. Obtained successful defense verdict after bench trial; matter affirmed on appeal.

Represented pension plan administrator and plan sponsor in suit involving ERISA claims for benefits, breach of fiduciary duty, and equitable estoppel. Matter successfully resolved.

Represented a North Carolina health insurer in lawsuit brought by health care provider asserting ERISA and common law claims arising out of unpaid medical benefits. Obtained Rule 12(b)(6) dismissal.

Represented employer sponsor of group health plan and third party administrator of health benefits in lawsuit brought by an employee enrollee asserting ERISA claims resulting from denial of health benefits to minor infant for cochlear implants based on application of corporate medical policy. Matter successfully resolved.

Represented beneficiaries in dispute with plan administrator of ERISA retirement plan over claim for benefits under contested beneficiary designation forms. Matter successfully resolved.

Represented health benefits plan administrator and plan sponsor in dispute with health care provider over alleged assigned benefits arising out of dialysis treatments. Matter successfully resolved.

Representative Class Action matters:

Represent an individual and putative class of North Carolina consumers in litigation with national durable medical equipment provider alleging systematic and predatory use of unfair and deceptive debt collection practices to collect fees, penalties, and other charges that were never owed by consumers. Matter is ongoing.

Represented a North Carolina third party administrator of health benefits in putative class action brought by participants of an employer sponsored health benefit plan alleging ERISA breach of fiduciary, denial of benefits, and equitable relief and under COBRA arising out of plan sponsor’s bankruptcy and termination of the plan. Matter Successfully resolved prior to class certification.

Represented Volvo Penta of the Americas, a global supplier of engines and power solutions for marine and industrial applications, in a nationwide putative class action asserting claims for product liability/breach of warranty, quantum meruit/unjust enrichment, and conversion arising out of allegedly defective marine propulsion products. Matter successfully resolved after class certification denied.

Represented Volvo Group North America, one of the nation’s leading manufacturers of Class 8 trucks, in a nationwide putative class action asserting claims for breach of implied and express warranty, breach of contract, and related claims arising out of allegedly defective diesel engines. Matter successfully resolved after class certification denied.

Represented federal employees in several class actions – one in the U.S. Court of Federal Claims and the Federal Circuit and the other in the U.S. District Court for the District of Puerto Rico and the First Circuit – against the United States asserting breach of contract and related claims arising out of the government’s violation of the terms of a prior settlement agreement with a class of federal employees who worked in the “non-foreign” or “COLA” areas of the United States, which includes Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, Hawaii, and Alaska, by, among other things, eliminating COLA payments to class members. Matter resolved after appeal.

Representative Complex Commercial Litigation matters:

Represent a global infrastructure company and its U.S. affiliate in defense of lawsuit brought by supplier of infrastructure products alleging misappropriation of trade secrets and other business torts, and in assertion of third party claims against the supplier’s former employee for selling products containing allegedly misappropriated trade secrets. Matter is ongoing.

Represented the developer of large LED advertising sign in Times Square, New York, in lawsuit against solutions company and technology integrator, architectural and engineering firms, and survey companies for breach of contract and warranty, misrepresentation, negligence, and other claims arising out of project delays and low-quality and defect-riddled sign. Matter successfully resolved.

Represented subsidiary of global metals service company in lawsuit with process and mechanical contractor over contractor’s failure to pay for steel products supplied for and incorporated into microsystems plan in China. Matter successfully resolved.

Represented developer of wood pellet facility in contested case before the NC Office of Administrative Hearings brought by environment group against the North Carolina Department of Environmental Quality challenging certain air quality permits granted to the developer. Obtained Rule 12(b)(6) dismissal.

Represented credit union property owner in lawsuit against aircraft maintenance company owning adjacent land asserting claims under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), violations of the North Carolina Oil Pollution and Hazardous Substances Control Act, private nuisance, trespass, negligence, and contribution arising out of migration of environmental contamination onto client’s property. Matter successfully resolved.

Represented a North Carolina environmental and industrial resources company in an action against a facility from which it purchased soil for use as clean backfill at a site undergoing environmental remediation under the North Carolina Dry-Cleaning Solvent Cleanup Act (DSCA) Program. The soil was contaminated with petroleum, necessitating immediate removal, cleanup, and further involvement by state regulators. Matter successfully resolved.

Represented land owner in case brought against adjacent land owner asserting claims for nuisance, trespass, riparian rights, negligence, and violation of certain environmental and dam safety statutes arising out of neighbor’s construction of an upstream dam and irrigation pond that cut off and contaminated downstream water supply. Achieved successful jury verdict.

Represented R.J. Reynolds Tobacco Company in North Carolina Business Court litigation with competitor over the use of the word “pleasure” in tobacco advertising arising out of the parties’ settlement of trademark disputes. Matter successfully resolved.