Amanda L.Genovese

Representative Health Care and ERISA Experience

• Achieved dismissal of ERISA class action against a national health insurance company by plaintiff-participants challenging procedures for recovery of claim overpayments.
• Successfully argued before the US Court of Appeals for the Second Circuit, obtaining a unanimous decision that affirmed dismissal of a case against a New York health insurance company involving medical necessity determinations and claims under ERISA.
• Defended a Medicare Advantage organization in a commercial arbitration involving claims brought by a major hospital system.
• Achieved dismissals for major national health insurance companies in federal and state courts in New York, New Jersey, Ohio, and California involving ERISA claims, breaches of fiduciary duties, and quasi-contractual and fraud claims.
• Obtained favorable settlement in a complex dispute involving a New York health insurance company and a hospital system that demanded millions of dollars, rate adjustments, and challenged its participating status.
• Obtained favorable settlement on behalf of a national health insurance company, in defense of claims asserted under the federal Mental Health Parity and Addictions Equity Act, after securing summary judgment on key issues.
• Defended a national health insurance company in a multidistrict litigation involving cybersecurity.
• Defended managed care organizations in multiple cases brought by out-of-network medical providers alleging RICO conspiracy and state-law causes of action.

Representative Commercial Litigation Experience

• Achieved complete dismissal against a large, well known international retailer in federal litigation involving complex breach-of-contract and quasi-contractual claims.
• Obtained numerous dismissals and favorable settlements for national banking institutions, mortgage-servicing companies, and background-screening companies in individual and class actions under consumer-protection statutes.
• Obtained summary judgment in matter involving breach of a commercial lease and several million dollars in unpaid rent, late fees, and interest.
• Effectively represented a regional real estate management company by aggressively negotiating an extensive fine reduction and closure of regulatory actions.
• Successfully defended officers and directors of insolvent businesses in actions for fraud, breach of fiduciary duties, and conspiracy.
• Successfully limited discovery and developed an effective early-exit strategy from a high-profile false-advertising litigation for an international jewelry manufacturer and distributor.
• Represented national banking institutions and mortgage-servicing companies in various Chapter 7 and 11 bankruptcy cases and adversary proceedings.