W. Glenn Merten

glenn.merten dbr.com
Phone: (202) 230-5235 (202) 230-5235

About

Glenn Merten represents insurance carriers, financial institutions, and other corporate clients in a wide range of matters, including complex litigation and class actions, ERISA litigation, administrative investigations, enforcement actions, and compliance issues.

Glenn has extensive experience in litigation involving consumer fraud claims, ERISA fiduciary breach and prohibited transaction claims, suitability determinations, bad faith claims, sales practices issues, claims of unfair trade practices, all types of statutory and regulatory violations, and appellate proceedings. He also has substantial experience in employment litigation; ERISA life, health, and disability disputes; multidistrict consolidation proceedings; and settling disputes through alternative dispute resolution.

In addition, Glenn handles a wide variety of state administrative proceedings and investigations. He has guided clients through market conduct examinations, state attorney general investigations, civil investigative demands, congressional subpoenas, and insurance department investigations. Glenn also has represented insurance companies in numerous administrative hearings involving customer complaints. He counsels clients in connection with a variety of labor and employment issues, including wage and hour disputes, negotiating and memorializing employment agreements, trade secrets, and restrictive covenants.

Glenn is a frequent author on a variety of topics, including class action developments, and has spoken on current topics in alternative dispute resolution.

Experience

  • Patel v. Specialized Loan Servicing, LLC, 904 F.3d 1314 (11th Cir. 2018) (applying filed rate doctrine in affirming dismissal of putative class action)
  • Patrico v. Voya Financial, Inc., 2017 WL 2684065 (S.D.N.Y. June 20, 2017) (dismissal of ERISA fiduciary breach and prohibited transaction claims); 2018 WL 1319028 (S.D.N.Y. Mar. 13, 2018) (denying motion for leave to amend to add fiduciary breach and prohibited transaction claims and dismissing with prejudice).
  • Coleman v. Assurant, Inc., No. CV 18-2808 (S.D. Tex. Nov. 27, 2018) (granting motion to compel arbitration in putative collective action asserted under the Federal Labor Standards Act).
  • Lyons v. Litton Loan Servicing LP, 158 F. Supp. 3d 211 (S.D.N.Y. 2016) (applying filed rate doctrine to grant motion to dismiss insurer defendants in putative class action)
  • Klika v. Capital One Bank, N.A., No. C15-0107 (W.D. Wash. 2016) (dismissal at pleading stage of lender-placed insurance allegations)
  • Lee v. Ocwen Loan Servicing, LLC, 101 F. Supp. 3d 1293 (S.D. Fla. 2015) (denying class action settlement objector’s demand for discovery concerning settlement payment structure)
  • Montoya v. PNC Bank, N.A., No. CV 14-20474, 2016 WL 1529902 (S.D. Fla. Apr. 13, 2015) (approving nationwide class action settlement over settlement class member objections)
  • Logan v. Union Security Ins. Co., 2015 WL 3745047 (C.D. Cal. 2015) (order dismissing ERISA section 1132(a)(3) claim and other claims against insurer in putative class action concerning payment of accidental death and dismemberment benefits)
  • Miller v. Wells Fargo Bank, N.A., 994 F. Supp. 2d 542 (S.D.N.Y. 2014) (granting motion to dismiss insurer defendants in putative class action challenging certain practices to lender-placed insurance)
  • Weller v. HSBC Mortgage Services, Inc., 971 F. Supp. 2d 1072 (D. Colo. 2013) (compelling named plaintiff to arbitrate claims asserted in putative class action involving lender-placed insurance)
  • Curtis v. Cenlar FSB, et al., Case No. Civ. 3007 DLC 2013 WL 5995582 (S.D.N.Y. Nov. 12, 2013) (granting motion to dismiss)
  • Rapp v. Green Tree Servicing, LLC, et al., No. 12-CV-2496 (PJS/FLN), 2013 WL 3992442 (D. Minn. Aug. 5, 2013) (granting motion to dismiss with prejudice)
  • Cannon v. Wells Fargo Bank, N.A., et al., 917 F. Supp. 2d 1025 (N.D. Cal. 2013) (granting motion to dismiss all claims against client)
  • Latimer v. Washington Gas Light Co., et al., Case No, 11-CV-571 (E.D. Va. Oct. 4, 2011) (dismissal with prejudice of all claims against client)
  • Rivera v. Allianz Life Insurance Company of North America, et al., No. 2:10-cv- 2266-RLH-GWF, 2011 WL 2619129 and 2011 WL 2608602 (D. Nev. June 30, 2011) (granting motions to dismiss)
  • Rivera v. Allianz Life Insurance Company of North America, et al., No. 2:10-cv- 2266-RLH-GWF, 2011 WL 2938372 (D. Nev. June 28, 2011) (denying motion to remand)
  • MIA Ex rel. R.B. v. Genworth Life and Annuity Co., MIA No. MIA-CC-10-27891 (Maryland Insurance Administration Feb. 1, 2011) (affirming finding of no violation)
  • MIA Ex rel. D.L.P. v. Genworth Life and Annuity Ins. Co., MIA No. MIA-2010-04- 0006 (Maryland Insurance Administration July 20, 2010) (affirming finding of no violation)
  • Hardy v. Minnesota Life Ins. Co., Case. No. CV-10-724780 (Court of Common Pleas, Cuyahoga County, Ohio, 2010) (favorable settlement of putative class claims)
  • Turner v. Talbert, 2009 WL 1683297 (M.D. La. June 15, 2009) (denying motion for class certification);,2009 WL 2356662 (M.D. La. July 30, 2009) (denying motion for reconsideration)
  • Burdick v. Union Security Insurance Co., No. CV 07-4028, 2009 WL 4798873 (C.D. Cal. Dec. 9, 2009) (decertifying class claims under California's Unfair Competition and False Advertising Laws)
  • Levin v. Minnesota Life Ins. Co., 2008 WL 2704772 (S.D. Tex. 2008) (granting motion to dismiss on all counts)
  • King v. Guardian Life Ins. Co., et al., Case No. 06-cv-0270-UWC (N.D. Ala. 2006); King v. Union Security Life Insurance Co. of New York, Case No. 2:06- cv-1256-RBP-TMP (N.D. Ala. 2006) (dismissing all claims against client)
  • In re American Investors Life Ins. Co. Annuity Marketing and Sales Practices Litig., 398 F. Supp. 2d 1361 (J.P.M.L. 2005) (granting motion to centralize)
  • Topel v. Reliastar Life Insurance Company of New York, 6 A.D.3d 608 (N.Y. App. Div. 2004) (dismissing all claims on appeal)
  • Minton v. American Bankers Insurance Group, 2002 WL 1040984 (S.D. Fla. 2002) (granting motion for summary judgment); aff'd 2003 WL 21303330 (11th Cir. 2003) (per curiam)
  • "Update on ERISA Retirement Plan Litigation, Including Impact of the DOL Rule,” Insured Retirement Institute (IRI) Webinar, Washington (January 17, 2018)
  • "Litigation Forum: FINRA Arbitration and Enforcement Actions," IRI Government, Legal & Regulatory Conference 2014, Washington (July 2014)
  • "FINRA Arbitration and Enforcement Actions Panel," IRI Government, Legal and Regulatory Conference (2013)
  • "Pre-Litigation Dispute Resolution: What's Working?" American Bar Association Tort Trial & Insurance Practice Section's 38th Annual Midwinter Symposium (January 2012)
  • "Arbitration and Dispute Resolution: What Is Working?" ACLI Compliance and Legal Sections Annual Meeting (2011)
  • "Litigation Trends: The Continuing Assault on Annuities," NAVA Government and Regulatory Affairs Conference (2008)
  • Co-author of the Handbook on ERISA Litigation published by Wolters Kluwer Law & Business/Aspen Publishers (1992) (4th ed. 2015).
  • Co-author of Managed Care Litigation, Chapter 9: Class Actions, published by the ABA Health Law Section and BNA Books (2005) (2d ed. 2013, supp. 2014, 2015, 2016, 2017, 2018).
  • Co-author of ERISA Survey of Federal Circuits, Chapter 12: DC Circuit, published by The American Bar Association (2007, 2010, 2012, 2014, 2016, 2018).
  • Co-author, "Class Litigation of Lender-Placed Hazard Insurance," The Review of Banking & Financial Services, Vol. 30, No. 9 (September 2014).
  • Co-author of The Class Action Fairness Act: Law and Strategy, Chapter 7, Welcome to the Jungle: CAFA Exceptions, published by ABA Book Publishers (2013).

Credentials

Bar Admissions

  • District of Columbia
  • Maryland
  • Virginia

Education

  • George Washington University Law School, J.D., 1997, cum laude
  • University of Richmond, B.A., 1994

Court Admissions

  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Maryland
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Eastern District of Virginia

Organizations

  • District of Columbia Bar Association
  • Virginia State Bar Association
  • American Bar Association, Litigation, Tort and Insurance Practice, and Labor and Employment
  • DRI: The Voice of the Defense Bar, Life, Health, Disability Section