Randi F. Knepper
Overview
RANDI F. KNEPPER is a 1990 graduate of the University of Pittsburgh, where she graduated magna cum laude with a Bachelor’s Degree in Political Science. Ms. Knepper holds a Diploma in International Law and Relations from the University of Wales, Aberystwyth. She received a Juris Doctorate, with Distinction, from Hofstra University School of Law where she was a member of the Law Review. She served a Judicial Clerk to The Honorable Joseph C. Messina, Superior Court of New Jersey. She is admitted to practice in New Jersey, New York, and Pennsylvania, the Second and Third Circuits of the United States Court of Appeals, the District of New Jersey, the Eastern, Southern, and Western Districts of New York and the Eastern and Middle Districts of Pennsylvania. She has extensive experience in the areas of commercial and insurance dispute litigation, including life, health and disability law, ERISA, contract disputes, pension and retirement benefits, rescission, insurance fraud, class actions, consumer fraud, and bad faith.
Active in many Bar related activities, Ms. Knepper is a past Chair of the Health and Disability Committee for the American Bar Association, for which she has previously served as a Program Chair and a Vice Chair. She has also served as a Vice Chair of Life Insurance Committee. She is active in the Defense Research Institute, Committee on ERISA, Life Health and Disability Law. Within the Firm, she serves as a sub-chair of the Diversity & Inclusion Committee, and was instrumental in the establishment of and running of the Firm’s Sponsorship Program. She also is a sub-chair of the Associate Liaison Committee in charge of the Firm’s associate training program.
Ms. Knepper was selected by NJBIZ as one of New Jersey’s 2005 “Forty under 40” award winners. She has spoken on numerous occasions on issues concerning ERISA, life, health and disability law. She edited and co-authored the Second and Third Circuit chapters of multiple volumes of the ERISA Survey of Federal Circuits, published by the American Bar Association, the Delaware, New Jersey, Pennsylvania and Third Circuit chapters of Misrepresentations in the Life, Health, Disability Insurance Application Process: A National Survey, also published by the American Bar Association, and the New Jersey chapter of The Law of Life Insurance Key Issues in Each State published by the American Bar Association.
- Selected by NJBIZ as one of New Jersey’s 2005 “Forty under 40” award winners
- Daly v. Metropolitan Life Insurance Company: District Court of Delaware decision holding that a wrap-around to a certificate of insurance is part of the ERISA plan document and can give discretionary authority to the claim administrator.
- Cohen v. Metropolitan Life Insurance Company: EDPA decision holding that it is neither arbitrary nor capricious to apply a 24 month neuromuscular maximum benefit period to a claim involving failed back surgery.
- N'Diaye v. Metropolitan Life Insurance Co.: ERISA action in SDNY which we successfully limited third party discovery including quashing a subpoena served in the employer/plan administrator.
- Greifenberger v. Hartford Life Ins. Company: ERISA action in SDNY dismissed with prejudice for failure to exhaust. Affirmed by the Second Circuit.
- Peterson v. Continental Casualty Co.: ERISA suit in SDNY and affirmed in the Second Circuit, limiting attorneys' fees to the fees incurred during the litigation and rejecting plaintiff's assertions that the interest should be awarded based upon what the credit care companies charge or the CPLR rate of 9 percent.
- Guardian Life Ins. Co. of America v. Jaye: interpleader action holding that Guardian should be reimbursed its fees because it did everything possible to limit its involvement in the matter.
- Metropolitan Life Insurance v. Kubichek: the Third Circuit affirmed the fees awarded to MetLife in this interpleader action.
- Haase v. Metropolitan Life Insurance Company: ERISA case in the Middle District of Pennsylvania holding that MetLife paying interest at the post judgment rate was neither arbitrary nor capricious.
- Carlson v. Principal Life Ins. Co.: Second Circuit decision holding that if the word ERISA appears in the complaint there is federal court jurisdiction regardless of whether ERISA actually applies to the claims. The case was subsequently tried with a verdict in Principal's favor, which was upheld by the Second Circuit.
- Delso v. Trustees of Retirement Plan for Hourly Employees: DNJ ERISA case establishing what proofs are required to obtain discovery in an ERISA matter and that an attorney cannot ghost write papers for a plaintiff that is representing to the court that she is pro se.
-
Nichols v Verizon Communications Inc.: Third Circuit ERISA decision holding it is neither arbitrary nor capricious to require objective proof of a participants functional limitations.
-
Hunter v. Cellco Partnership Inc.: EDPA dismissal with prejudice of a severance claim, holding that there was no viable cause of actin that could be asserted under ERISA.
-
Quinones v. First Unum Life Ins Co.: SDNY ERIRA discovery decision rejecting plaintiff's efforts to obtain discovery beyond the administrative record.
-
Metropolitan Life Ins. Co, v. Price: lead Third Circuit authority holding that there is federal court jurisdiction regardless of the exhaustion of administrative remedies where there are competing claimants and the plan aat issue is an employee welfare benefit plan as defined and governed by ERISA.
-
Searles v. First Fortis Life Ins. Co.: SDNY case holding that it is proper (and efficient) to rely upon an affidavit in explaining the content of an administrative record in support of a summary judgment motion in an action governed by ERISA.
-
Zurawal v. Johnson & Johnson: DNJ decision limiting discovery to the administrative claim file.
-
Miller v. Fortis Benefits Ins Co.: Third Circuit authority on when an ERISA claim accrues for purposes of determining whether the period of limitations expired and affirming the District Court's decision in favor of Fortis, holding that the action was time barred.
-
Blasband v. Atlantic City Showboat: DNJ decision granting summary judgment in favor of MetLife, holding ERISA coverage was not converted into an individual policy within the time permitted by the applicable plan.
Overview
RANDI F. KNEPPER is a 1990 graduate of the University of Pittsburgh, where she graduated magna cum laude with a Bachelor’s Degree in Political Science. Ms. Knepper holds a Diploma in International Law and Relations from the University of Wales, Aberystwyth. She received a Juris Doctorate, with Distinction, from Hofstra University School of Law where she was a member of the Law Review. She served a Judicial Clerk to The Honorable Joseph C. Messina, Superior Court of New Jersey. She is admitted to practice in New Jersey, New York, and Pennsylvania, the Second and Third Circuits of the United States Court of Appeals, the District of New Jersey, the Eastern, Southern, and Western Districts of New York and the Eastern and Middle Districts of Pennsylvania. She has extensive experience in the areas of commercial and insurance dispute litigation, including life, health and disability law, ERISA, contract disputes, pension and retirement benefits, rescission, insurance fraud, class actions, consumer fraud, and bad faith.
Active in many Bar related activities, Ms. Knepper is a past Chair of the Health and Disability Committee for the American Bar Association, for which she has previously served as a Program Chair and a Vice Chair. She has also served as a Vice Chair of Life Insurance Committee. She is active in the Defense Research Institute, Committee on ERISA, Life Health and Disability Law. Within the Firm, she serves as a sub-chair of the Diversity & Inclusion Committee, and was instrumental in the establishment of and running of the Firm’s Sponsorship Program. She also is a sub-chair of the Associate Liaison Committee in charge of the Firm’s associate training program.
Ms. Knepper was selected by NJBIZ as one of New Jersey’s 2005 “Forty under 40” award winners. She has spoken on numerous occasions on issues concerning ERISA, life, health and disability law. She edited and co-authored the Second and Third Circuit chapters of multiple volumes of the ERISA Survey of Federal Circuits, published by the American Bar Association, the Delaware, New Jersey, Pennsylvania and Third Circuit chapters of Misrepresentations in the Life, Health, Disability Insurance Application Process: A National Survey, also published by the American Bar Association, and the New Jersey chapter of The Law of Life Insurance Key Issues in Each State published by the American Bar Association.
- Selected by NJBIZ as one of New Jersey’s 2005 “Forty under 40” award winners
- Daly v. Metropolitan Life Insurance Company: District Court of Delaware decision holding that a wrap-around to a certificate of insurance is part of the ERISA plan document and can give discretionary authority to the claim administrator.
- Cohen v. Metropolitan Life Insurance Company: EDPA decision holding that it is neither arbitrary nor capricious to apply a 24 month neuromuscular maximum benefit period to a claim involving failed back surgery.
- N'Diaye v. Metropolitan Life Insurance Co.: ERISA action in SDNY which we successfully limited third party discovery including quashing a subpoena served in the employer/plan administrator.
- Greifenberger v. Hartford Life Ins. Company: ERISA action in SDNY dismissed with prejudice for failure to exhaust. Affirmed by the Second Circuit.
- Peterson v. Continental Casualty Co.: ERISA suit in SDNY and affirmed in the Second Circuit, limiting attorneys' fees to the fees incurred during the litigation and rejecting plaintiff's assertions that the interest should be awarded based upon what the credit care companies charge or the CPLR rate of 9 percent.
- Guardian Life Ins. Co. of America v. Jaye: interpleader action holding that Guardian should be reimbursed its fees because it did everything possible to limit its involvement in the matter.
- Metropolitan Life Insurance v. Kubichek: the Third Circuit affirmed the fees awarded to MetLife in this interpleader action.
- Haase v. Metropolitan Life Insurance Company: ERISA case in the Middle District of Pennsylvania holding that MetLife paying interest at the post judgment rate was neither arbitrary nor capricious.
- Carlson v. Principal Life Ins. Co.: Second Circuit decision holding that if the word ERISA appears in the complaint there is federal court jurisdiction regardless of whether ERISA actually applies to the claims. The case was subsequently tried with a verdict in Principal's favor, which was upheld by the Second Circuit.
- Delso v. Trustees of Retirement Plan for Hourly Employees: DNJ ERISA case establishing what proofs are required to obtain discovery in an ERISA matter and that an attorney cannot ghost write papers for a plaintiff that is representing to the court that she is pro se.
-
Nichols v Verizon Communications Inc.: Third Circuit ERISA decision holding it is neither arbitrary nor capricious to require objective proof of a participants functional limitations.
-
Hunter v. Cellco Partnership Inc.: EDPA dismissal with prejudice of a severance claim, holding that there was no viable cause of actin that could be asserted under ERISA.
-
Quinones v. First Unum Life Ins Co.: SDNY ERIRA discovery decision rejecting plaintiff's efforts to obtain discovery beyond the administrative record.
-
Metropolitan Life Ins. Co, v. Price: lead Third Circuit authority holding that there is federal court jurisdiction regardless of the exhaustion of administrative remedies where there are competing claimants and the plan aat issue is an employee welfare benefit plan as defined and governed by ERISA.
-
Searles v. First Fortis Life Ins. Co.: SDNY case holding that it is proper (and efficient) to rely upon an affidavit in explaining the content of an administrative record in support of a summary judgment motion in an action governed by ERISA.
-
Zurawal v. Johnson & Johnson: DNJ decision limiting discovery to the administrative claim file.
-
Miller v. Fortis Benefits Ins Co.: Third Circuit authority on when an ERISA claim accrues for purposes of determining whether the period of limitations expired and affirming the District Court's decision in favor of Fortis, holding that the action was time barred.
-
Blasband v. Atlantic City Showboat: DNJ decision granting summary judgment in favor of MetLife, holding ERISA coverage was not converted into an individual policy within the time permitted by the applicable plan.