Biography

Jeannine Jacobson represents clients in a wide range of trial and appellate matters, including commercial, employment and insurance litigation. A significant portion of her career has been devoted to the defense of employers and insurers in the field of life, health and disability litigation, under both ERISA and state law. She is experienced in trial and appellate practice in the federal and state courts, in addition to having significant experience with alternative dispute resolution.

Litigation Matters

Dispositive Rulings

• Summary judgment for insurer in ERISA action where claimant provided only attending physician's post hoc certification of disability which was unsupported by records contemporaneous with date of disability - 2005 WL 2428537 (M.D. Fla. 2005)
• Summary judgment for insurer in ERISA action where home health care nurse was not disabled due to fibromyalgia/chronic fatigue syndrome from “any gainful occupation” based on her sedentary work capacity – aff’d, 195 Fed. Appx. 904 (11th Cir. 2006)
• Summary judgment for insurer in ERISA action where medical and vocational reviews supported claimant’s ability to perform own occupation as vice president of operations for construction company despite heart condition – aff’d, 170 Fed. Appx. 108 (11th Cir. 2006)
• Summary judgment for marine engine manufacturer where court rejected boat purchaser’s claim of fraudulent inducement due to parties’ adversarial relationship at time of prior release and settlement agreement – 2010 WL 529323 (S.D. Fla. 2010)
• Dismissal with prejudice of claim for breach of implied covenant of good faith and fair dealing in first party insurance dispute – 2011 WL 6132254 (M.D. Fla. 2011)

Appeals

• In case of first impression, reversal of decision prohibiting health insurer from denying claim based on failure to timely pay where interest was only penalty afforded by statute requiring claims decision within 45 days - 773 So. 2d 75 (Fla. 2nd DCA 2000)
• Affirmance of decision exempting loan proceeds requested by debtor under whole life insurance policy from garnishment due to statutory exemption for cash surrender value in “whatever form” - 785 So. 2d 636 (Fla. 4th DCA 2001)
• Affirming summary judgment for business owner in premises liability lawsuit where alleged negligence was not proximate cause of customer’s injuries as a matter of law - 347 Fed. Appx. 526 (11th Cir. 2009)
• Vacatur of attorney’s fees award in remand order under 28 U.S.C. § 1447(c) – (11th Cir. 2009)

Affiliations, Activities and Accomplishments

Ms. Jacobson is a member of the Florida Bar and is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the 11th Circuit, and the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida.

While in law school, Ms. Jacobson was a founding member and articles editor of the Duke Journal of Gender Law and Policy.  Upon graduation, she served as a law clerk for the Hon. Martha Warner of Florida’s Fourth District Court of Appeal. 

Presentations & Publications

• "Will the 10th Circuit's Advice Rein in ERISA Conflict Discovery?" Sedgwick's Healthcare Law Newsletter, (Winter 2011).
• "The Continuing Battle Over ERISA Discretionary Clauses and Streamlined Procedures," co-presented at Sedgwick’s Health Law Seminar, Hartford, CT (September 22, 2010).
• "Case Study: Hogan v. Gray Gable," Law360 (April 28, 2010).
• “Admissibility of Prior Similar Accident Evidence: Florida Appellate Court Takes Away Defense Verdict, Product Liability Defense Attorneys Breathe Sigh of Relief,” Sedgwick’s Product Liability Advisory (April 2010).
• Contributor to the Appellate Strategist blog.