Case Examples

Esophageal Injuries from Unnecessary Endoscopy – Moceri v. Rochester Endoscopy & Surgery Center
Sommers Schwartz attorney Matthew Turner filed a medical malpractice complaint on behalf of a man who suffered severe injuries to his esophagus after an unnecessary ...
  • Grant of Summary Judgment on Behalf of Deceased Employee’s Estate in ERISA Life Insurance Benefits Dispute

A federal court judge granted Sommers Schwartz attorneys Dan Swanson and Tad Roumayah’s motion for summary judgment, finding that Church Chicken’s breached its fiduciary duty to a now deceased employee by materially misrepresenting her life insurance coverage while accepting her ongoing premium payments. The lawsuit, brought by the woman’s elderly parents, alleged that Church’s and its insurer, Reliance Standard Life Insurance Company, denied the plaintiffs’ claim to $314,000 in unpaid insurance proceeds, stating that the employee (who was unmarried and had no children) did not submit a required form – a document that Church’s was negligent in failing to provide. To learn more about this case and how rare it is for a plaintiff to prevail on a motion for summary judgment in federal court, click here to view the press release.

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