Robert L. Brace (“Rusty”) has been an attorney since 1985 and AV rated since 1993. He is the head of the firm’s class action group and has had over 26 years of experience in complex commercial and insurance-related litigation. Rusty also works with and for Federal Receivers and bankruptcy Trustees. Class actions successfully handled by Rusty include fraudulent insurance schemes and, most recently, the failure of 1031 Exchange Accommodators. Rusty has been responsible for recovering over $250 million in settlements for clients.
Rusty is a member of the International Association of Insurance Receivers (IAIR) and the International Association of Insurance Fraud Agencies (IAIFA). He was certified as an Accredited Insurance Receiver in December 2002 by IAIR, demonstrating special competence with legal matters arising in connection with insurance insolvencies.
Link to Published Opinions
Link to Published Articles
Link to Faculty
Link to References
Link to recommendation from Hon. Milton Pollack
of the United States District Court Southern District of New York
Robert L. Brace Resume (PDF)
PUBLISHED OPINIONS
Bailey, et al. v. Empire Blue Cross/Blue Shield, et al. (In re Consolidated Welfare Fund ERISA Litigation), 856 F. Supp. 837 (S.D.N.Y.1994)
Janice Lloyd, as Trustee and Liquidator of First Assurance v. Paine Webber, Inc., 1996 U.S. Dist. LEXIS 226 28 (S.D. Cal. 1996)
John C. Craft, Special Deputy Liquidator of Meadowlark Insurance Company v. Sunwest Bank of Albuquerque, N.A., n/k/a NationsBank, 84 F. Supp. 2d 1226 (D.N.M. 1999)
Janice Loyd as Trustee and Liquidator of First Assurance v. Aguilar & Sebastinelli, et al., 208 F.3d 755 (9th Cir. 2000)
General Insurance Company of America v. Stephen Rhoades, 196 F.R.D. 620 (D.N.M. 2000)
Black v. Chase Bank of Tex. Nat’l Ass’n., 2001 U.S. Dist. LEXIS 18134 (N.D. Tex. Nov. 6, 2001)
Craig v. Bank of N.Y., 24 Fed. Appx. 96, 2001 U.S. App. LEXIS 27400 (2d Cir. 2001)
Craig v. Bank of N.Y., 59 Fed. Appx. 388; 2003 U.S. App. LEXIS 3990 (2d Cir. 2003)
Carolina Cas. Ins. Co. v. McGhan, 572 F. Supp. 2d 1222; 2008 U.S. Dist. LEXIS 89589 (D. Nev. 2008)
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PUBLISHED ARTICLES
A Lawyer Should Be Liable For Failing To Prevent Known Insider Looting Of A Corporate Client, Mealey’s Litigation Report: Insurance Insolvency, Volume 13, Issue #18, February 28, 2002, 13-18 Mealey’s Litig. Rep. Ins. Insolv. 13 (2002)
Enforcement Of NAIC Trusts Can Prove To Be Very Difficult For Liquidators of Insolvent Insurers, Mealey’s Litigation Report: Insurance Insolvency, Volume 14, Issue #7, September 12, 2002, 14-7 Mealey’s Litig. Rep. Ins. Insolv. 11 (2002)
The Adverse Impact That Unnecessary Regulatory Allegations Have Had On E&O Coverage In The Employers Mutual, LLC Litigation, Mealey’s Litigation Report: Insurance Insolvency, Volume 16, Issue #3, July 15, 2004, 16-3 Mealey’s Litig. Rep. Ins. Insolv. 22 (2004)
An Update On Employers Mutual, LLC Litigation: Florida Federal Judge Finds Exclusions Were Not Triggered In Malpractice Action Against 400 Insurance Agents, Mealey’s Litigation Report: Insurance Insolvency, Volume 17, Issue #11, March 2006, 17-11 Mealey’s Litig. Rep. Ins. Insolv. 16 (2006)
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FACULTY
International Association of Insurance Receivers (“IAIR”) Workshop 1999 in Kansas City, Missouri. Lectured on Standing of Court Appointed Liquidator.
International Association of Insurance Fraud Agencies (“IAIFA”) meeting in June 2001 in Budapest, Hungary. Lectured on the Recovery of Assets to Pay Claims.
Federation of Regulatory Counsel meeting in December 2002 in San Diego, California. Lectured on Ethical Issues Created by Legal Representation of Troubled Insurer.
Santa Barbara Bar Association meeting in October 2002. Lectured on Lawyer Liability for Failing to Prevent Insider Looting of Corporate Client.
IAIFA meeting in April 2004 in London, England. Lectured on the Adverse Impact that Unnecessary Regulatory Allegations can have on E&O Coverage.
ASPPA, DOL Speaks: the 2005 Employee Benefits Conference in April 2005 in Washington, D.C. Lectured on fraudulent MEWAs.
American Bar Association, Tort Trial and Insurance Practice Section, in August 2005, Chicago convention of ABA. Lectured on the Anatomy of a Health Insurance Scam: Health Insurance Fraud Schemes and Their Impact on the Industry.
International Association of Insurance Receivers (“IAIR”) Workshop 2006 in San Diego, California. Lectured on Issues In Collecting On Professional Liability Insurance.
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REFERENCES
The following references may be contacted regarding my work on ERISA, insurer fraud, insolvency, liquidations, insurance coverage and 1031 Exchange Accommodators.
Timothy D. Cohelan
Cohelan & Khoury
605 “C” Street, Suite 200
San Diego, CA 92101
(619) 239-8148
Brandon Roos, Esq.
Greenberg Traurig
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, NV 89169
(702) 792-3773
Brad Johnston, Esq.
Holland & Hart
5441 Kietzke Lane 2nd Fl.
Reno, NV 89511
(775) 327-3061
William Scott
US Department of Labor
Office of the Solicitor
Plan Benefits Security Division
P.O. Box 1914
Washington, D.C. 20013
(202) 693-559
Larry L Bertsch, CPA
285 E Warm Springs Rd. #102
Las Vegas, NV 89119
(702) 471-7223
Michael Devorkin, Esq.
Golenbock Eiseman Assor Bell
& Peskoe LLP
437 Madison Avenue
New York, New York 10022
(212) 907-7348
Gerard McHale
1601 Jackson Street - Suite 200
Fort Myers, FL 33901
(239) 690-6497 |
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Thomas D. Dillon, Esq.
851 Burlway Road, Suite 216
Burlingame, CA 94010
(650) 558-8384
John C. Craft, Esq.
Lathrop & Gate, L.C.
2345 Grand Boulevard, Suite 2800
Kansas City, MO 64108-2612
(816) 292-2000
Jonathan M. Fordin, Esq.
Shutts & Bowen, LLP
1500 Miami Center
201 S. Biscayne Blvd.
Miami, FL 33131
(305) 347-7390
Kirte M. Kinser, Esq.
Locke Liddell & Sapp, LLP
2200 Ross Avenue, Suite 2200
Dallas, TX 75201-2748
(214) 740-8000
Nicholas J. Santoro, Esq.
Santoro Driggs Walch
Kearney Holley & Thompson
400 South 4th Street, 3rd Floor
Las Vegas, NV 89101
(702) 791-0308
Tom Foley
Foley, Bezek, Behle & Curtis, LLP
15 W. Carrillo Street
Santa Barbara, CA 93101
(805) 962-9495
Tony Zelle, Esq.
Zelle McDonough & Cohen LLP
101 Federal Street, 14th floor
Boston, MA 02110
(617) 742-6520
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The Judicial Panel On
Multidistrict Litigation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DeWAYNE A. BAILEY, et al.,
Plaintiffs,
v.
EMPIRE BLUE CROSS/BLUE SHIELD,
et al.,
Defendants. |
MDL DOCKET NO. 902
93 Civ. 6179 (MP)
TRANSCRIPT OF JUDGE
POLLACK’S COMMENTS
REGARDING COUNSEL AND
APPROVAL OF WAVE 1
SETTLEMENTS
Judge: Milton Pollack |
JUDGE POLLACK: “I think I have read enough and heard enough to satisfy me that these are salutory opportunities for the disabled and sick and otherwise unnoticed people to at least get a pittance of a recovery as the results of magnificent work on the part of counsel [Hollister & Brace and Cohelan & Khoury] and the supporting staff here. Indeed, I have seen no similar indication of a public service rendered by any group of lawyers in all the years that I have practiced law myself which is for 38 or the 27 years that I have been on the bench. And I commend the counsel and the supporting staffs to the highest degree. I have no doubt, I would unhesitatingly say, that these settlements are fair, reasonable and adequate and indeed manna from heaven for the people who will ultimately share the net results of the litigation. It is also very clear to me that the efforts of counsel and the supporting staff are such in this economic climate that in furnishing financial return to counsel and the supporting staff for the services to date, there should be no delay. And this effort should not be carried on without interim compensation of expenses and fees in respect of these particular settlements right now, payable as soon as the funds can be set up in the appropriate manner. So that can provide an incentive to do this great public service that counsel and the supporting staff have undertaken and have thus far performed in these proposed settlements.”
DATE: May 16, 1994
/s/ HONORABLE MILTON POLLACK
Senior United States District Court Judge
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