ERISA & Group Litigation

d’Arcambal Ousley & Cuyler Burk, LLP (“DO&CB”) specializes in ERISA and Group Litigation representing administrators, insurers, and plans throughout New York, New Jersey, and Pennsylvania.

Here is who we represent and what we do…

  • We obtain summary judgment on behalf of insurers in suits to recover life, health, and disability benefits under ERISA plans.
  • We successfully resolve ERISA-governed long-term disability benefits action in a cost-effective manner, frequently through mediation.
  • We partner with corporate legal departments to develop program-wide litigation readiness to ensure that the discovery process is smooth and inexpensive, and to find ways to use discovery to the company’s advantage.
  • We represent life insurers nationwide with respect to interpleaders of death benefits from large group ERISA plans.

…and here are some successful motions we’ve made:

  • New Jersey District Court dismissed plaintiff ’s denial of coverage claim, holding that a company’s denial of accidental death and dismemberment benefits, was not arbitrary and capricious under the sickness exclusion.
  • Southern District of New York dismissed a provider’s claim for facility fee benefits due to failure to exhaust administrative remedies. District Court rejected provider’s motion to dismiss ERISA causes of action for unjust enrichment and equitable restitution with respect to plan administrator’s counterclaim to recover facility fees erroneously paid.
  • New Jersey District Court granted summary judgment on a disputed amount of AD&D benefits.
  • Northern District of New York dismissed plaintiff’s claim for damages under ERISA 510. District Court found that the plaintiff authorized the company to disclose information to relevant parties such as her employer. Further, District Court rejected the plaintiff’s HIPAA claim–primarily because she lacked standing to bring a private right of action against the company.
  • New Jersey District Court granted summary judgment holding that administrator was not estopped from asserting that the ERISA benefit plan participant’s son was ineligible for coverage, and that the participant was not entitled to convert dependent coverage to an individual policy retroactively.
  • Southern District of New York denied plaintiffs’ motion to remand because the provider had claimed in its State Court complaint that the patient had assigned its claims to provider and rejected the provider’s new claim that there was no assignment; the court held that ERISA pre-empted all of the state statutory and common law claims relating to claims under ERISA plans.


40 Fulton Street, Suite 1501
New York, NY 10038

Phone: 212-971-3175
Fax: 212-971-3176

Four Century Drive, Suite 250
Parsippany, NJ 07054

Phone: 973-734-3200
Fax: 973-734-3201

One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103

Phone: 215-665-5658
Fax: 215-569-8228