Brian Boyle

Brian also handles other consumer claims against banks and financial institutions, including claims by borrowers against mortgage originators and servicers and claims challenging fee structures under state consumer protection laws or the National Bank Act.

Brian is co-chair of the Firm’s Financial Services Practice and the Health Care and Life Sciences Practice. Brian also is active in the Firm’s Appellate Practice. Chambers USA and The Legal 500 have named him as a leading practitioner in the ERISA litigation and health care areas.

• Obtained a denial of a class certification in a nationwide class action alleging nondisclosure of “death spiral” in closed book of individual health policies
• Obtained dismissal of federal RICO claims against mortgage servicer arising out of default mortgage servicing practices

Investment and Retirement Plan Services

• Represents a mutual fund complex in nationwide ERISA class action litigation challenging procedures for distributing “float” earnings on retirement plan contributions and redemptions
• Represents a life insurer and its affiliates in nationwide ERISA class action litigation challenging fees collected on insurance separate account investment options
• Represented a plan sponsor in ERISA fiduciary litigation raising claims of imprudence and prohibited transactions in connection with the selection of mutual fund investment options

Health Plan Services

• Represents a health insurer in a nationwide ERISA class action challenging the procedures used for recovery of claim overpayments 
• Obtained, on appeal, a reversal of a trial court order certifying a class of 250 hospitals on claims that a managed care organization serving as a contractor to the military’s TRICARE management activity had underpaid claims for outpatient claims over a 10-year period
• Obtained a dismissal of a nationwide ERISA class action claims over the administration of out-of-network health insurance benefits
• Obtained a dismissal of a nationwide class action consumer fraud claims concerning an insurer’s marketing and administration of fixed indemnity health policies
• Obtained dismissal of multiple class actions challenging a health insurer’s assertion of subrogation and reimbursement rights against tort recoveries by plan beneficiaries
• Obtained a dismissal, on jurisdiction and exhaustion grounds, of nationwide class action litigation against a large Medicare Advantage contractor over an alleged misclassification of Medicare Part B and Part D drugs
• Obtained a denial of class certification in a nationwide class action challenging a health insurers’ alleged operation of “silent PPO”
• Served as lead counsel for a managed care company in a multi-defendant action alleging that managed care companies and full-service hospitals engaged in a group boycott of a new-entrant specialty hospital
• Served as lead counsel for a large managed care company in In re Managed Care Litigation (MDL No. 1334; S.D. Fla.), encompassing a series of nationwide class actions on behalf of health plan subscribers, and the physicians and other health care providers who serve them
• Served as national coordinating counsel for a large, investor-owned hospital system in actions challenging pricing practices with respect to uninsured patients
• Obtained summary judgment for a large managed care company in a statewide purported class action alleging a group boycott of the Medicare HMO program in California
• Sustained removal to federal court, and obtained a judgment of dismissal on Medicare preemption grounds, on behalf of a health maintenance organization in a purported class action by members of failed independent practice associations seeking direct recoveries against insurers

Consumer Financial Services

• Obtained a dismissal of claims brought by municipalities against subprime mortgage lenders and servicers for the economic consequences of foreclosure
• Represented a large mortgage lender in a nationwide settlement of claims by state attorneys general over alleged consumer protection violations in the origination of subprime and pay-option mortgages

Other Representations

• Obtained partial denial of certification, and elimination of portion of class period, in securities class action litigation against a large government-sponsored enterprise over the withdrawal of the enterprise’s financial statements
• Obtained a denial of class certification on behalf of a series of property and casualty carriers in a purported RICO class action involving alleged pricing irregularities in commercial insurance policies
• Represented a property and casualty carrier in a purported nationwide class action involving alleged wrongful failure to pay policyholder dividends
• Obtained a denial of class certification and awards of summary judgment for an automobile manufacturer in a variety of consumer class actions raising purported claims of fraud surrounding the design and sale of sport-utility vehicles
• Represented an automobile manufacturer in a statewide certified class action involving alleged ignition system defects
• Obtained a denial of class certification for an automobile manufacturer in purported nationwide and statewide class actions raising across-the-board claims of race discrimination in employment, and obtained summary judgment against the class in the sole action in which certification was granted