Yankwitt LLP Wins Dismissal of $8 Million Lawsuit Against National Claims Investigation and Management Company

A Yankwitt LLP litigation team led by Jonathan Ohring secured the complete dismissal of a federal lawsuit seeking more than $8 million against a national claims investigation and management company arising from its investigation of a BNY Mellon employee’s disability insurance claim.

The plaintiff had been denied disability benefits by Lincoln Financial following its receipt of an investigative report prepared by our client. The plaintiff subsequently sued our client, Lincoln Financial, the examining physician, and the medical exam coordinator, asserting claims against our client for defamation, prima facie tort, intentional and negligent infliction of emotional distress, aiding and abetting, and violation of New York General Business Law. The complaint sought over $8 million in monetary damages against our client, as well as punitive damages in an amount to be determined at trial.

In November 2025, we filed a motion to dismiss all claims against our client. On September 29, 2026, following full briefing, the court granted the motion in its entirety, holding that the plaintiff’s claims against our client were preempted by the Employee Retirement Income Security Act of 1974 because they related to his claim for benefits under an employee benefit plan. The ruling eliminated all claims and all requested damages against our client, delivering a complete victory before the company was forced into protracted discovery.