Louisville-Hub Managing Partner Brandon Sword, along with Associates Amelia L. Kitchens and Alexandria C. Dobrowolski, successfully obtained summary judgment by meticulously gathering substantial documentary evidence to prove the plaintiffs' receipt and utilization of health insurance benefits, thereby negating their claims.

Overview of the Case

• Case involves a skilled nursing facility where employees alleged the new operator collected premiums but failed to provide health insurance.
• Five current/former employees filed a Complaint for refund of health insurance premiums, alleging negligence, fraud, conversion, and constructive trust and accounting.
• Plaintiffs' claims were unfounded:
• Employment packets outlined provided health insurance coverage.
• Defendant provided insurance through Meritain, making all required contributions.
• Plaintiffs used benefits during and post-employment (Cobra basis).
• Under ERISA, the Defendant was not a proper party defendant; only the plan itself or the plan administrator (Meritain) are proper defendants.
• Plaintiffs' claims failed as they did not exhaust administrative remedies before filing suit.

Key Difference-Makers

• Brandon C.R. Sword - Managing Partner
• Alexandria C. Dobrowolski - Associate Attorney
• Amelia Kitchens - Associate Attorney
• Jolene M. Upton - Paralegal

Claims Made Against Our Client

• Plaintiffs alleged they did not receive health insurance and are entitled to a refund.
• Plaintiffs' claims of Negligence, Fraud, Conversion, and Constructive Trust and Accounting were unfounded.
• Defendant appropriately provided health insurance coverage, paid all required contributions for Plaintiffs' insurance, and provided employment packets with Summary Plan Descriptions explaining benefits and the appeal process for denied claims.
• Plaintiffs failed to appeal denied claims and exhaust administrative remedies.
• The court granted QPWB's motion for summary judgment as Plaintiffs lacked standing and failed to exhaust remedies.

Defensive Strategy

• Kentucky is a challenging jurisdiction for dispositive motions due to the Jural Rights Doctrine.
• Instead of solely relying on the law and Plaintiffs' inability to support their claims, QPWB focused on diligent discovery and obtaining documents to show there was no counterargument to rebut the Defendant’s affirmative defense.
• The client's assistance in providing necessary documents was crucial.
• Faced with substantial evidence, Plaintiff's counsel withdrew, forcing Plaintiffs to proceed pro se.
• Rather than settling, the client pursued litigation to achieve true justice.

Impact on Final Outcome

• This approach removed the Judge’s ability to deny the dispositive motion by stating there was a question of material fact, a common outcome for dispositive motions in Kentucky.

Predicting the Future

• This case demonstrates that even frivolous claims must be diligently defended to pursue justice for our client.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 48 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.