Position:
Partner
Office:
Columbus
Practice Areas:
Law School:
Yale Law School
Admitted:
States of New York and Ohio; U.S. District Courts for the Southern and Eastern Districts of New York.
D. Brian Hufford joined Pomerantz in April 1993 and became a partner in July 1995. After obtaining a Masters of Urban Affairs from Wichita State University in 1982, Mr. Hufford attended the Yale Law School, where he was Notes and Topics Editor for the Yale Law and Policy Review and was awarded the Thomas I. Emerson Prize for the Outstanding Legislative Services Project. Graduating from Yale in 1985, Mr. Hufford subsequently spent two years in Washington, D.C. as an Honors Attorney in the United States Department of the Treasury's Honors Law Program. From 1987 until he joined the Firm in 1993, he was a litigation associate at Davis Polk & Wardwell, where he worked primarily on securities and class actions. His article "Deterring Fraud vs. Avoiding the Strike Suit: Reaching An Appropriate Balance," was published in 61 Brooklyn Law Rev. 593 (Summer 1995).
Resident in the Firm's Columbus, Ohio office, Mr. Hufford has prosecuted not only a number of securities and antitrust cases, but is also the attorney in charge of the Firm's insurance practice. As co-lead, he has obtained a settlement of up to $215 million in cash and other benefits in Wachtel v. Health Net, Inc. The settlement, which was granted final approval in July 2008, is one of the largest ever reached in a health insurance litigation. Mr. Hufford has obtained numerous important decisions. See e.g., Batas v. Prudential, 281 A.D.2d 260, 724 N.Y.S.2d 3 (1st Dep't 2001) (court upheld the adequacy of the pleading of the claim that Prudential relied on improper procedures for the determination of medical necessity in its health insurance contracts); Drolet v. Healthsource, Inc., 968 F. Supp. 757 (D.N.H. 1997) (motion to dismiss denied, with court ruling that plaintiff had adequately alleged that the defendant breached fiduciary duties under ERISA by misrepresenting the financial incentives it paid to physicians to reduce medical expenditures); American Medical Association v. United Healthcare Corp., 2002 U.S. Dist. LEXIS 20309 (S.D.N.Y. Oct. 23, 2002) (settlement awaiting court approval where plaintiffs claimed that the defendant relied on an improper database for determining "usual, customary and reasonable" fees for the purpose of reimbursing subscribers for services received from out-of-network health care providers). Moreover, Mr. Hufford was the partner in charge of Addison v. American Medical Security (Cir. Ct., Palm Beach Cty., Fla.), in which plaintiffs won a two-week bench trial.
Mr. Hufford has written and lectured in the area of healthcare litigation. The court in Orthopaedic Surgery Associates of San Antonio v. Prudential Health Care Plan, Inc., quoted extensively an article written by Mr. Hufford for a PLI Seminar, entitled "Managed Care Litigation: The Role of Providers," 1216 PLI/Corp. 487 (Nov. 2000), citing it as "instructive." He served as a panelist for a forum sponsored by the American Corporate Counsel Association entitled "Considerations in Deciding Whether to Mediate, Arbitrate or Litigate Business Disputes." Further, Mr. Hufford was featured in the book Net Law: How Lawyers Use the Internet, by Paul Jacobsen (Jan. 1997), which discusses how he has effectively used the Internet to investigate some of the Firm's pending class actions.
In addition to representing numerous individuals serving as class representatives on behalf of the Firm, Mr. Hufford has been retained by a number of significant institutions to pursue claims on their behalf, including medical associations (the American Medical Association, the Medical Society of the State of New York, the Missouri State Medical Society and the Pennsylvania Chiropractic Association), unions (New York State United Teachers, the Civil Service Employees Association, the New York State Police Investigators Association and the Organization of NYS Management Confidential Employees), and corporations (General Electric Company, U.S. Trust Company of New York, the CitiGrowth Funds, Hambrecht & Quist Healthcare Investors and Springwell Navigation Corp.).
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