In a recent case before the Supreme Court, tenured Whittier Law School Professor Radha Pathak scored a victory as lead pro bono counsel. Professor Pathak is also Of Counsel to Stris & Maher LLP, a premier litigation and appellate boutique. Peter K. Stris argued the case, Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, and Professor Pathak led the briefing before the Court.
The case pitted the insurance industry against an injured man, Robert Montanile, a single father who was injured badly by a drunk driver. Mr. Montanile sued the driver and received a $500,000 settlement. After paying his lawyers, Mr. Montanile spent the settlement supporting his young daughter. Six months later, Mr. Montanile was sued by his health insurer attempting to recoup the monies paid to his doctors out of Mr. Montanile’s general assets. The lower courts sided with the insurer and ordered Mr. Montanile to repay approximately $120,000.
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