Jean Tomasco

Jean Tomasco

Jean Tomasco’s practice involves employer counseling and employment litigation, with an emphasis on ERISA and benefits litigation. Ms. Tomasco represents employers before state and federal courts and administrative agencies, including the Connecticut Commission on Human Rights and Opportunities. She has defended employers against all types of employment-related claims, including discrimination and wrongful discharge claims. Ms. Tomasco also counsels employers on a variety of employment matters, including hiring practices, termination of employees, employment-related immigration issues, unemployment compensation issues, wage and hour matters, drug testing, and personnel policies and handbooks. Read her full rc.com bio here.

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Second Circuit Upholds Dismissal of ERISA Claims Against Plan Defendants for Alleged “Cross-Subsidization” Scheme

In Hannan v. Hartford Financial Services, Inc., (2d Cir., April 25, 2017), the Second Circuit Court of Appeals affirmed dismissal of a potential ERISA class action against Family Dollar Stores, its employee benefits plan, and the plan’s group life insurance provider (Hartford), rejecting allegations by plan participants that the plan defendants had engaged in a … Continue Reading

Ninth Circuit Holds That Violation of DOL Claim Regulations Can Result in a Loss of Deference

The Second Circuit Court of Appeals recently held that claim fiduciaries must strictly comply with ERISA claim regulations or lose the deferential standard of review, as we have discussed in previous posts: Second Circuit rejects “substantial compliance” rule, Insurer’s Failure to Establish “Special Circumstances” for Extension of Time to Decide LTD Appeal Warrants De Novo Review, and … Continue Reading

District of Connecticut Rules that Violations of Claims Procedure Regulations Result in Loss of Discretion

Following the 2016 decision of the Second Circuit Court of Appeals in Halo v. Yale Health Plan, 819 F.3d 42 (2d Cir. 2016), in which the Second Circuit rejected the doctrine of “substantial compliance” with ERISA claim regulations in favor of a much stricter interpretation, courts within the Second Circuit have increasingly held insurers and … Continue Reading

Insurer’s Failure to Establish “Special Circumstances” for Extension of Time to Decide LTD Appeal Warrants De Novo Review

In a recent decision from the Southern District of New York in a case concerning a dispute over the denial of long-term disability (LTD) benefits, a District Court judge held that the LTD insurer had failed to establish special circumstances warranting an extension of the time frame for deciding the claimant’s appeal during the administrative … Continue Reading
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