The Senate confirmed the nomination of Jane Kelly to the 8th Circuit Court of Appeals by a vote of 96-0. There were 4 non-voting votes. If you can’t find the link, go here and find Vote 00108 (April 24th).
Jane Kelly will be the second woman and first public defender to serve in the history of the court since its establishment in 1891.
Jane Kelly received her bachelor’s degree from Duke University and her law degree from Harvard Law School in 1991. After her graduation, Jane Kelly clerked for U.S. District Judge Donald J. Porter of South Dakota and Eighth Circuit Court Judge D. Hansen.
Jane Kelly has been an assistant public defender in the Northern District in Iowa since 1992, and the supervising attorney since 1999.
On the Senate floor, Senator Chuck Grassley stated, “She is a credit to all of use who have chosen public service.”
In Reindl v. Hartford Life and Accident Insurance Co., –F.3d __, 2013 WL 425356 ( 8th Cir. February 5, 2013), the 8th Circuit clearly stated that when appealing an ERISA decision – the appeal must be clear. In this case, the question was: Can a mere request for medical records, and a reference to an “appeal in the future tense,” trigger the appeal? The 8th Circuit held no.
Here, the participant sought and obtained disability benefits. Hartford later reassessed the claim of the participant and discontinued the benefits. On November 25, 2008, Hartford sent a letter informing the participant that she had 180 days to file an administrative appeal.
On December 12, 2008, the participant’s lawyer sent a letter requesting medical records and stating, “We will be reviewing the records and obtaining additional medical information for my client’s appeal of the decision to terminate [benefits].” (emphasis added).
On July 8, 2009 the participant’s attorney expressed disagreement with the benefits termination decision and stated: “I would appreciate your reversal of the decision to terminate [Reindl’s benefit claim].”
The trial court held that the participant failed to file a timely appeal. The 8th Circuit affirmed. The 8th Circuit court reasoned that the December letter merely requested medical records. The reference to a future appeal was not an actual appeal.
via 8th Circuit – Expressing Intent to Appeal in the Future Does Not Constitute an “Appeal.” | Boom: The ERISA Law Blog.