3rd Circuit Boots Theory Allowing Bad-Faith ERISA Litigation

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9/10/2004: 3rd Circuit Boots Theory Allowing Bad-Faith ERISA Litigation

Law.com

Excerpt: News spread quickly among Pennsylvania plaintiffs lawyers in June 2002 when Senior U.S. District Judge Clarence C. Newcomer broke ranks with his colleagues and held that plaintiffs suing an HMO under ERISA were entitled to add a claim under Pennsylvania's bad-faith statute.... But now the 3rd U.S. Circuit Court of Appeals has ruled that Newcomer and Munley were wrong ...

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