Mark Schmidtke

Mark Schmidtke

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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District Court in California Denies Motion to Dismiss, Finds an Independent Review Organization to Be a Functional Fiduciary Under...

In Josef K. v. California Physicians’ Service, No. 18-cv-06385-YGR (U.S. District Court for the Northern District of California, June 3, 2019), Judge Yvonne Gonzalez Rogers concluded that an independent medical review (IMR)...more

6/17/2019  /  Breach of Duty , Denial of Benefits , Employee Retirement Income Security Act (ERISA) , Federal Rule 12(b)(6) , Fiduciary Duty , Health and Welfare Plans , Independent Medical Review , Medical Necessity , Mental Health , Motion to Dismiss

Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision

Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in...more

3/12/2015  /  Appeals , Denial of Benefits , Disgorgement , Employee Retirement Income Security Act (ERISA) , En Banc Review , Equitable Relief , Insurance Litigation , Unjust Enrichment
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