Mr. Glasheen practices in the area of commercial litigation in federal and state trial and appellate courts with a current emphasis on life insurance company and financial institutions litigation. Mr. Glasheen has also appeared pro hac vice in courts in other states, including federal court in New York and in federal and state courts in New Jersey.
Mr. Glasheen has represented insurance clients for 20 years. This experience includes contractual disputes; sales practices litigation; multi-district litigation; interpleaders; policy rescissions; breach of non-policy contracts; claims for extra-contractual, statutory, bad faith and punitive damages; FINRA arbitrations; and claims decisions, both under ERISA and individual policies.
In a recent representation, Mr. Glasheen represented an insurer alleging that one of its brokers improperly delivered a life insurance policy. The two-week trial resulted in a $1.2 million jury verdict in favor of the insurer.
In a second representation, Mr. Glasheen -- in a case of apparent first impression -- successfully defended an insurer against attempts by family members to use a “catastrophic events” statute enacted in New Jersey in response to the events of 9/11 to seek an early declaration of death where the insured had disappeared while in the vicinity of a hurricane in Florida.
In another representation, Mr. Glasheen persuaded the District Court that a non-member of the National Association of Securities Dealers could either compel a NASD arbitration or participate in a NASD arbitration that had been commenced by a subsidiary, NASD member company. As part of the litigation, an emergency order was obtained from the United States Court of Appeals for the Third Circuit precluding merits discovery while the Court considered the arbitrability and forum issues. The result was that the Court granted the Company’s Motion to Compel Arbitration and to Stay. The arbitration itself, pertaining to claims by registered representatives for defamation, wrongful discharge, intentional interference with economic relations, fraud, and other torts -- seeking $5 million in compensatory damages plus punitive damages -- was successfully concluded. The trial lasted three weeks.
In another recent matter, Mr. Glasheen obtained summary judgment in favor of an insurer in federal district court. Plaintiff asserted claims for breach of contract and tortious conduct as a result of the Company’s payment of $1 million in death benefits to his sister, rather than paying 50% of the benefit to him. Contract, statutory, and punitive damages, based on bad faith, were sought. The insurer asserted that the sister’s signatures on forms purportedly giving her brother an interest in the policy had been forged and were ineffective. The Court agreed with the insurer’s position that the sister’s signatures were forged and that plaintiff’s efforts to challenge the authenticity of the sister’s signatures did not raise a genuine issue of material fact.
Mr. Glasheen is also experienced in multiple areas of commercial litigation, including breach of contract, business torts, partnership and corporate disputes, and prosecution and defense of injunctions.