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Kantor & Kantor LLP maintains a thriving practice in a very niche area of the law.  Our attorneys are always eager to take on challenging cases and remain on the cutting edge of ERISA.  Many attorneys come to us when they have questions about ERISA or an ERISA issue appears in one of their cases.  As such, we often advise and/or co-counsel with other attorneys on ERISA cases.  We greatly value our relationship with referring attorneys and those with whom we co-counsel.  We foster those relationships by expressing our appreciation for the trust you place in us to handle your client matters.  Sample matters where our attorneys have co-counseled include:

  • Short and long term disability insurance cases at all stages, including the pre-litigation administrative appeal, and district court and appellate litigation
  • Age Discrimination and Benefits Interference cases under ERISA § 510
  • Employment disputes involving severance or other ERISA-governed benefits
  • Cases removed to federal court under ERISA to either argue the ERISA claims, or remand to state court

Specific matters that we have co-counseled include the following:

  • Demer v. IBM Corp. LTD Plan, No. 13-17196, 835 F.3d 893 (9th Cir. 2016). Michelle Roberts served as lead appellate counsel following the plaintiff’s loss at the district court.  The Ninth Circuit Court of Appeals reversed summary judgment in favor of MetLife and found that it abused its discretion in the way that it reviewed Demer’s claim for long term disability benefits.
  • Bush v. Liberty Life Assurance Co. of Boston, 130 F.Supp.3d 1320 (N.D. Cal. 2015).  We serve as co-counsel in this class action matter with Joseph Barton of Cohen Milstein.  In this published decision, Michelle Roberts successfully argued that the ERISA plan administrator waived defenses or objections in its motion to dismiss three counts in the first amended complaint that could have been raised in the prior motion to dismiss the original complaint.
  • Barboza v. California Ass’n of Prof’l Firefighters, 144 F.Supp.3d 1151 (E.D. Cal. 2015). Michelle Roberts served as co-counsel in this matter with Geoffrey White and handled the successful motion for summary judgment.  The court ruled in favor of Barboza, a disabled firefighter, by determining that the disability plan could not offset a public benefit that Barboza never received.

If you have a matter with an ERISA issue, we are happy to discuss it with you.

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