NEW YORK, Jan. 11, 2005 (PRIMEZONE) -- In one of the class actions pending against UnumProvident (NYSE:UNM), a Federal Court in Massachusetts rejected a last-minute tactical maneuver by UnumProvident that sought to avoid a class certification hearing in the State's Superior Court. In an extensive emergency Memorandum Opinion, Judge F. Dennis Saylor rejected UnumProvident's attempt to transfer the case out of the State's Superior Court and into the federal system just 45 minutes before a critical hearing on class certification. See Jewel v. UnumProvident, No. CV 04-40262. UnumProvident also tried to transfer the class action to Tennessee, where other class actions were previously transferred in September 2003.
"UnumProvident must now face the hearing on class certification," said Richard J. Quadrino, one of the attorneys representing Plaintiffs and the class members in the suit. "The federal court acted on an emergency basis because Plaintiffs and the class members are also seeking emergency relief in the Massachusetts Superior Court regarding the notices that are being sent to disabled claimants under UnumProvident's recent Regulatory Settlement Agreement ('RSA')." That Agreement between UnumProvident, most of the States, and the U.S. Department of Labor requires notices to be sent to all UnumProvident claimants whose claims were denied or terminated in the last four years. In the Massachusetts class action, known as Jewel et al. UnumProvident et al., No. 03-2391-B, the Plaintiffs are seeking a court order requiring UnumProvident to send additional notices to the claimants, who are potential members of the Jewel class action, letting them know of the existence of the case. These additional Notices will enable the claimants to make an informed choice as to whether to participate in the RSA or wait to see if they can obtain more effective and comprehensive relief in the Jewel class action.
A hearing in the Massachusetts Superior Court is now scheduled for Wednesday, January 12, 2005 to address the requests for relief on behalf of Plaintiffs and the class members.
Plaintiffs and the class members in the case are represented by the law firms of Mansfield Tanick & Cohen of Minneapolis, Minnesota (mansfieldtanick.com), Gilman & Pastor of Saugus, Massachusetts (gilmanpastor.com), Sandals & Associates of Philadelphia, Pennsylvania (sandalslanger.com) and Quadrino & Schwartz of Garden City, New York (www.disabilityinsurancelawyers.com; and www.unumprovidentclassaction.net).
More information on this and other class actions can be found on the Class Action Newsline at www.primezone.com/ca