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 Injury and Disability Claims Personal injury and disability have been major fields of practice. The firm handles: • Industrial accidents • Auto and premises liability, including residential safety • Disability benefits claims under Social Security and Public Employee Retirement programs and under group insurance (ERISA) plans s • Occupational disease and injury claims • Medical malpractice • Legal malpractice • Bad faith denial of insurance benefits Return to Top Employment Employment work has included bringing and defending discrimination claims and other employment cases. The firm successfully handled a class action lawsuit against a major employer in the Four Corners area, representing a class of over 500 applicants alleging discrimination against Native Americans in hiring. Several case precedents have been established by the firm in employment law. Types of employment cases handled are: • Wrongful termination • Drafting policies and procedures • Counseling prior to disciplinary action • Discrimination and sexual harassment • Wage and hour • Covenant not to compete • Non-retaliation • Occupational health and safety • Dissolution of professional practice Return to Top Civil Rights Types of civil rights cases the firm has litigated are: • Police shootings • Jail medical care • Wrongful arrest and prosecution • Discrimination in employment • Speech and religion rights Return to Top Indian Law Being based in Shiprock, the firm has represented many Navajo persons, including in claims against the tribal and federal agencies, and regularly practices in the Navajo court system. The firm represented a class of all Navajo allottees and heirs in lawsuits against the Bureau of Indian Affairs relating to trust accounting practices. Also, from its inception the firm has represented former uranium miners, many of whom are Navajo, on claims arising from lung disease and other injuries, including under the Radiation Exposure Compensation Act. Many of the firm’s case precedents have been established in cases where the firm argued for the rights or traditions of Native Americans. Return to Top ERISA Mettler & LeCuyer has been one of the few firms to actively practice in the field of employee benefits regulated by ERISA. The firm has been active in ERISA litigation, such as: • Pension benefits claims • Long-term disability benefits • Group health benefits claims, including issues of medical necessity/experimental treatment The firm has represented both employers and employees in pension benefit issues, and has established legal precedent in this area. In 1998 and 1999, the firm handled two cases involving court orders directing payment, by group health plans, of the cost of critical medical treatment. Return to Top |
