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Recently, the Boston Children’s Hospital asked a judge in federal court to dismiss a case brought by former employees that alleged the charging of “exorbitant” fees relating to the management of ERISA retirement plans. The Hospital argues that fees associated with the plans were not exorbitant and no damage was…
Recently, an 11th Circuit Court in Florida held that when a private settlement constitutes an “excess judgment” under an insurance policy, the insured(s) can use the amount in the settlement to bring a bad-faith claim against their insurer. This decision overturns a previous 2019 decision (which was unpublished) stating…
On March 25, 2022, Lexington-Fayette Urban County Government Mayor Linda Gorton’s recommendation to appoint Austin Mehr to a term on the Carnegie Center for Literacy was approved by The Urban County Council. Austin’s term will extend to September 1, 2025.
Recently, a Federal Court in North Carolina approved a settlement for over $3 million between a Coca-Cola (Defendant) bottling plant and a class of former employees. The named Plaintiffs brought the action against the Defendant alleging that the company had violated their fiduciary duties by presenting “risky” investment options to…
In 2020 more than ever, the risk of interrupted travel plans loomed for those seeking to spend time and money planning trips in an uncertain world. With the Covid-19 pandemic an ongoing source of disruption for travelers across the globe, the decision to seek insurance coverage for trips was, and…
When a policy contains a “cost of making good provision,” is an insurer able to wholly deny coverage falling under its purview, even if it just applies to a small part of the claim? This question was recently brought to the Central District Court of California in The Haven at…
Though the COVID-19 pandemic may now be the new normal to many of us, courts are continuing to address new questions stemming from ongoing issues related to the pandemic. As businesses struggled to remain unharmed by the pandemic and protect their employees from illness, some insurers have made the task…
The National Trial Lawyers Announces M. Austin Mehr as One of Its Top 100 Civil Plaintiff Trial Lawyers in Kentucky For Immediate Release The National Trial Lawyers is pleased to announce that M. Austin Mehr of Mehr Fairbanks Trial Lawyers has been selected for inclusion into its Top 100 Civil…
In the case of Legacy Health Services, Inc. v. Illinois Union Insurance Co. and Columbia Casualty Co., Defendant Illinois Union Insurance Company filed a Notice of Removal, which transferred the case to federal court in the Western District of Kentucky. On behalf of the Plaintiff, Legacy Health Services, Inc., Mehr…
In the Kentucky bad faith case of Wright v. Allstate Property and Casualty Insurance Company, Allstate refused to turn over its claim file except for a two-month window, even though the claim duration was from 2014 to 2019. MFP filed the case against Allstate for unfair claims settlement practices act…