Featured News

  • Train-Truck fatality accident near El Reno

    According to KOCO news, a tractor-trailer rig and a Union Pacific Train collided this morning (7/18/2011), killing one. KOCO posted pictures of the accident. It is clear this is a crossing which is unprotected by lights and gates. Studies have shown that crossings with lights and gates (if properly maintained) are at least 90% less [...]

    Pedestrian Killed by Train in Norman

    “PEDESTRIAN KILLED BY BNSF TRAIN NEAR OKLAHOMA UNIVERSITY CAMPUS (Norman, Oklahoma * May 14, 2011) An as-yet unidentified, either by name or gender, pedestrian died Saturday morning at 11:31 A.M. when the victim was struck by a Burlington Northern Santa Fe Railway train at the Brooks Street railroad crossing near the OU campus. The victim [...]

ERISA

The Employee Retirement Income Security Act, often known as ERISA, is a Federal Law which governs almost all employee benefit plans. I have practiced ERISA law for over 20 years. Under ERISA, many state court claims are preempted (trumped) by Federal law, including the right to a jury trial, the right to punitive damages and other types of damages. If your case is covered by ERISA, you will potentially be entitled to only the benefits which the insurance company or your employer's self-funded plan have denied you, and possibly an award of attorney's fees. However, getting this relief is not easy. Many lawyers decide they do not want to be involved with ERISA cases because of several factors including some of those outlined above, and the fact that ERISA is a very unusual and complicated area of the law.

I first became involved in this area of the law when my sister-in-law, Pam, was injured in a horse riding accident and her insurance company denied her benefits. I was in law school at the time, in early 1988, and I called lawyer after lawyer trying to find her representation. Because it was an ERISA case, I simply could not find a lawyer to take it. So, I waited until I got my law degree and started getting to work learning about ERISA. I was able to fight successfully to obtain Pam a number of her benefits, and since that time, I have been practicing in this area. Almost all of my business in this area comes from referrals from other lawyers who do not want to be involved with this strange law.

If you have an ERISA claim, feel free to contact me.

-Roy
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