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District Court Upholds Employer’s Denial of Long-Term Disability Benefits and Rejects Fiduciary Exception to Attorney-Client Privilege
Roberts Disability Law 
Oct. 9, 2025 "The court explained that once an employer's interests diverge from the claimant's -- such as after a denial when litigation is reasonably anticipated -- the fiduciary exception no longer applies. At that point, legal advice obtained by the plan administrator is for its own protection, not for the benefit of the plan participant. Because the disputed emails were created near the time of Kohler's final denial, after Pasha had obtained counsel, they were protected by the attorney-client privilege and properly withheld." [Pasha v. Kohler Co., No. 24-0836 (E.D. Wis. Oct. 7, 2025)] MORE >> |
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