Lowey Dannenberg Wins Dismissal of Class Action against Aetna, Inc., Rawlings & Co., and Coach, Inc. Alleging Violations of ERISA and the Fair Debt Collection Practices Act

Case Abstract
Lowey Dannenberg won judgment dismissing a class action lawsuit against the health insurer Aetna, Inc., accessory designer and marketer Coach, Inc., and healthcare subrogation servicer Rawlings & Co. in the United States District Court for the Southern District of New York.  The class action on behalf of plaintiffs involved in motor vehicle accidents in New York State, charged that defendants’ efforts to enforce reimbursement rights provided in health benefit plan contracts with the plaintiffs violated the Employee Retirement Income Security Act of 1974 (ERISA) and the Fair Debt Collection Practices Act (FDCPA).  Kesselman v. The Rawlings Company, LLC, 668 F. Supp.2d 604 (S.D.N.Y. 2009).

Richard Cohen, Gerald Lawrence, and Kesav Wable were the lawyers responsible.
 

Clients
Aetna, Inc., Coach, Inc., and Rawlings & Co.

Case Name
Kesselman v. The Rawlings Co., et al. Case no. 08-cv-4717 (S.D.N.Y)
(U.S. District Judge Barbara Jones)

Current Status
Judgment for defendants.  No appeal taken.