W. Glenn Merten

Litigation

Glenn defends clients in complex litigation and class actions involving consumer fraud claims, fiduciary breach and prohibited transaction claims, suitability determinations, bad-faith claims and sales practices issues. He is particularly experienced defending claims alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), the Employee Retirement Income Security Act (ERISA) and state consumer protection laws.

In addition, Glenn represents clients in a variety of state administrative proceedings and investigations, including:

• Market conduct examinations
• State attorney general investigations
• Civil investigative demands
• Congressional subpoenas
• Insurance department investigations

Insurance companies frequently seek Glenn’s representation and counsel for administrative hearings involving customer complaints.

Labor and Employment

Glenn represents companies in benefit plan disputes, including life, health and disability matters. He is highly experienced with matters related to the Employee Retirement Income Security Act (ERISA), including fiduciary breach and prohibited transaction claims, as well as ERISA benefits actions. Glenn also counsels clients in connection with labor and employment issues, wage and hour disputes, negotiating and memorializing employment agreements, trade secrets and restrictive covenants.

Representative Experience

• Patel v. Specialized Loan Servicing, LLC, 904 F.3d 1314 (11th Cir. 2018) (applying filed rate doctrine in affirming dismissal of putative class action)
• Patrico v. Voya Financial, Inc., 2017 WL 2684065 (S.D.N.Y. June 20, 2017) (dismissal of ERISA fiduciary breach and prohibited transaction claims); 2018 WL 1319028 (S.D.N.Y. Mar. 13, 2018) (denying motion for leave to amend to add fiduciary breach and prohibited transaction claims and dismissing with prejudice).
• Coleman v. Assurant, Inc., No. CV 18-2808 (S.D. Tex. Nov. 27, 2018) (granting motion to compel arbitration in putative collective action asserted under the Federal Labor Standards Act).
• Lyons v. Litton Loan Servicing LP, 158 F. Supp. 3d 211 (S.D.N.Y. 2016) (applying filed rate doctrine to grant motion to dismiss insurer defendants in putative class action)
• Klika v. Capital One Bank, N.A., No. C15-0107 (W.D. Wash. 2016) (dismissal at pleading stage of lender-placed insurance allegations)
• Lee v. Ocwen Loan Servicing, LLC, 101 F. Supp. 3d 1293 (S.D. Fla. 2015) (denying class action settlement objector’s demand for discovery concerning settlement payment structure)
• Montoya v. PNC Bank, N.A., No. CV 14-20474, 2016 WL 1529902 (S.D. Fla. Apr. 13, 2015) (approving nationwide class action settlement over settlement class member objections)
• Logan v. Union Security Ins. Co., 2015 WL 3745047 (C.D. Cal. 2015) (order dismissing ERISA section 1132(a)(3) claim and other claims against insurer in putative class action concerning payment of accidental death and dismemberment benefits)
• Miller v. Wells Fargo Bank, N.A., 994 F. Supp. 2d 542 (S.D.N.Y. 2014) (granting motion to dismiss insurer defendants in putative class action challenging certain practices to lender-placed insurance)
• Weller v. HSBC Mortgage Services, Inc., 971 F. Supp. 2d 1072 (D. Colo. 2013) (compelling named plaintiff to arbitrate claims asserted in putative class action involving lender-placed insurance)
• Curtis v. Cenlar FSB, et al., Case No. Civ. 3007 DLC 2013 WL 5995582 (S.D.N.Y. Nov. 12, 2013) (granting motion to dismiss)
• Rapp v. Green Tree Servicing, LLC, et al., No. 12-CV-2496 (PJS/FLN), 2013 WL 3992442 (D. Minn. Aug. 5, 2013) (granting motion to dismiss with prejudice)
• Cannon v. Wells Fargo Bank, N.A., et al., 917 F. Supp. 2d 1025 (N.D. Cal. 2013) (granting motion to dismiss all claims against client)
• Latimer v. Washington Gas Light Co., et al., Case No, 11-CV-571 (E.D. Va. Oct. 4, 2011) (dismissal with prejudice of all claims against client)
• Rivera v. Allianz Life Insurance Company of North America, et al., No. 2:10-cv- 2266-RLH-GWF, 2011 WL 2619129 and 2011 WL 2608602 (D. Nev. June 30, 2011) (granting motions to dismiss)
• Rivera v. Allianz Life Insurance Company of North America, et al., No. 2:10-cv- 2266-RLH-GWF, 2011 WL 2938372 (D. Nev. June 28, 2011) (denying motion to remand)
• MIA Ex rel. R.B. v. Genworth Life and Annuity Co., MIA No. MIA-CC-10-27891 (Maryland Insurance Administration Feb. 1, 2011) (affirming finding of no violation)
• MIA Ex rel. D.L.P. v. Genworth Life and Annuity Ins. Co., MIA No. MIA-2010-04- 0006 (Maryland Insurance Administration July 20, 2010) (affirming finding of no violation)
• Hardy v. Minnesota Life Ins. Co., Case. No. CV-10-724780 (Court of Common Pleas, Cuyahoga County, Ohio, 2010) (favorable settlement of putative class claims)
• Turner v. Talbert, 2009 WL 1683297 (M.D. La. June 15, 2009) (denying motion for class certification);,2009 WL 2356662 (M.D. La. July 30, 2009) (denying motion for reconsideration)
• Burdick v. Union Security Insurance Co., No. CV 07-4028, 2009 WL 4798873 (C.D. Cal. Dec. 9, 2009) (decertifying class claims under California's Unfair Competition and False Advertising Laws)
• Levin v. Minnesota Life Ins. Co., 2008 WL 2704772 (S.D. Tex. 2008) (granting motion to dismiss on all counts)
• King v. Guardian Life Ins. Co., et al., Case No. 06-cv-0270-UWC (N.D. Ala. 2006); King v. Union Security Life Insurance Co. of New York, Case No. 2:06- cv-1256-RBP-TMP (N.D. Ala. 2006) (dismissing all claims against client)
• In re American Investors Life Ins. Co. Annuity Marketing and Sales Practices Litig., 398 F. Supp. 2d 1361 (J.P.M.L. 2005) (granting motion to centralize)
• Topel v. Reliastar Life Insurance Company of New York, 6 A.D.3d 608 (N.Y. App. Div. 2004) (dismissing all claims on appeal)
• Minton v. American Bankers Insurance Group, 2002 WL 1040984 (S.D. Fla. 2002) (granting motion for summary judgment); aff'd 2003 WL 21303330 (11th Cir. 2003) (per curiam)