Wilson Elser Moskowitz Edelman & Dicker LLP
07/20/2022 | News release | Distributed by Public on 07/20/2022 12:58
Austin, Bachrach and Brisbin Prevail in ERISA Bench Trial
Austin, Bachrach and Brisbin Prevail in ERISA Bench Trial
July 20, 2022
Philadelphia partners Heather Austin and Josh Bachrach and Mike Brisbin (Partner-San Francisco) obtained judgment in favor of their disability carrier client in an ERISA case in the U.S. District Court for the Southern District of California. The parties previously attended mediation, which was unsuccessful. During the mediation, the plaintiff demanded all benefits claimed and for the defendant to pay his attorney's fees. His confidence was due in part to the assigned judge who is not known to find in favor of defendants in ERISA cases. But this time was different. Plaintiff complained of pain in his lower back running down both legs due to a disc protrusion. He also complained of extreme anxiety. But the court concluded that the plaintiff failed to satisfy his burden of proof to qualify for disability benefits based on either condition, and entered judgment in favor of our client.