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:: District Court Opinion Provides Additional Analysis Of Post-Sereboff Counterclaims

Finally, defendant has moved for summary judgment on its counterclaim seeking reimbursement for certain overpayments of the initial short term disability benefits. Plaintiff admits that the overpayments were made, but argues that defendant’s claim is subject to exhaustion. Although there is little support for plaintiff’s argument, there is a more fundamental problem with the counterclaim. …

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