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Fort Wayne, IN 46802
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The News With Thomas
Barrett & McNagny LLP is proud to announce the firm attorneys who were selected by their peers for inclusion in The Best Lawyers in America® 2014 in their respective practice areas.
Barrett & McNagny LLP has announced that its legal alliance, TAGLaw®, has been recognized as “Elite” in the Chambers Global 2013 rankings guide for legal networks.
The D.C. Circuit vacated a controversial NLRB rule requiring employers to notify employees of their rights under the NLRA, upholding a challenge brought by several employer groups.
The August 2012 issue of Fort Wayne Monthly listed nine attorneys from Barrett & McNagny LLP in its Top Lawyers Listing.
Markle, Thomas J.
- ERISA and IRC compliance, health, disability, cafeteria, and educational assistance plans, COBRA, HIPAA portability and nondiscrimination rules.
- ERISA litigation, including benefit claim litigation, fiduciary litigation, benefit discrimination litigation and subrogation litigation
- Admitted to practice before the Indiana state courts, the United States District Court for the Northern District of Indiana, and the United States Court of Appeals for the Sixth and Seventh Circuits and multiple federal district courts throughout the United States
SELECTED REPRESENTATIVE MATTERS
- Has testified as an expert witness on various ERISA issues (QDROs, QMSCOs, ERISA jurisdiction, health plan issues) in state and federal courts
- Spent several dozen hours working with highest level representatives of IRS, DOL and CMS involving compliance with HIPAA non-discrimination rules and advising clients involving wellness rules.
- Worked with the Department of Insurance in several states involving various health plan and provider issues.
- Represented several dozen employers and agents in TPA/reinsurer failures, including Health and Resource Group, American Heartland, Indiana Construction Industry Trust and Meridian Benefits.
- Drafted and implemented Health Savings Accounts (HSAs) and Health Reimbursement Accounts (HRAs) for multiple clients and banks/trustees.
- Defense of various health plan coverage lawsuits defending employers, insurers, reinsurers and third party administrators in 14 states and 6 federal appellate circuits
- Drafted health, cafeteria plans, HRAs, HSAs for several employers and third party administrators.
- Pursued various reinsurers and third party administrators involved in fraudulent health plan schemes.
- Legal opinion involving Coordination of Benefits issue cited by Indiana Court of Appeals in published opinion (March 31, 2010, Case No.02A04-0907-CV-381)
- Defended reinsurers and third party administrator in Lions Volunteer Blind v. AGA et. al., 195 F.3d 803(6th Cir. 1999).
Parkview Health Systems, Fort Wayne Community Schools, Old National Bank, Steel Dynamics, Inc., Orthopedics Northeast, Associated Surgeons and Physicians, OmniSource Corporation, City of Fort Wayne, Lake County Board of Commissioners, School Employee Benefit Trust, several dozen third party administrators, managing general underwriters, reinsurers and preferred provider organizations.
- Frequent author and speaker on various employee benefit issues, focusing primarily on health and welfare plans issues
- Significant 2013 Speaking Engagements:
- ICLEF Advanced Family Law Seminar, Northeast Indiana Human Resource Association, Fort Wayne Chamber of Commerce, Old National Bank Annual Client Seminar, Bippus State Bank Small Business Symposium, Northeast Indiana Case Managers Seminar
- Selected for inclusion in Best Lawyers in America 2007-2014 in the field of Employee Benefits
- Member, Allen County, Indiana and American Bar Associations
- Past President, Parkview YMCA
- Past President, Fort Wayne Educational Foundation
- Past President, Fort Wayne Habitat for Humanity
- Indiana University (B.S. with high distinction, 1982; J.D./M.S.B.A., cum laude, 1986)
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