Court Denies De Novo Review in Favor of Request for Abuse of Discretion Standard

In a case brought in federal court under the Employee Retirement Income Security Act (ERISA) against our client, a national retailer, and its group health insurance plan for denial of an expensive surgery as not medically necessary, the court ordered briefing on the appropriate standard of court review. In ERISA...

$3 Million “Fax Blast” Settlement Reached for Client Craftwood Lumber Co.

Payne & Fears client Craftwood Lumber Co. struck a $3 million settlement with Senco Brands Inc. over alleged violations of the Telephone Consumer Protection Act and the Junk Fax Protection Act. In 2014, Craftwood, a regional hardware and lumber chain, sued power tool manufacturer, Senco, in the Northern District of...

Payne & Fears Secures Win in New Jersey Appellate Court

Payne & Fears obtained a major victory in the Travelers insurance collection litigation in a decision released by the New Jersey Appellate Division on March 10, 2017. The appellate court completely reversed a 2015 trial court dismissal of claims by former shareholders of Clarendon Insurance Group in their attempt to...

Payne & Fears Recovers 100% of Costs in High-Exposure Construction Defect Lawsuit

Irvine office partner Scott S. Thomas, and associate Sarah J. Odia of the Las Vegas office, recovered more than $2 million dollars from a group of additional-insured carriers for a major home builder in reimbursement of costs incurred to defend a high-exposure construction defect lawsuit, plus 100% of Payne &...