9th Circ. Sides With Ex-Dickstein Atty In Benefits Dispute

Law360 (October 26, 2020, 10:54 PM EDT) -- The Ninth Circuit on Monday revived a former Dickstein Shapiro LLP attorney's suit claiming she was wrongly denied long-term disability benefits, finding that an Oregon federal court hadn't applied the appropriate degree of skepticism to the case when it sided with Unum Life Insurance Co. of America last year.

Alison Gary had sued Unum Life, the administrator of Dickstein Shapiro's long-term disability group plan, in September 2017. Last year, U.S. District Judge Marco A. Hernández found that Gary hadn't shown she was continuously disabled and that the insurer had provided the court with sufficient evidence of steps it had taken to mitigate...

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