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ATTORNEY PROFILE: FRANKLIN SOLOMON

A graduate of Rutgers University School of Law at Camden, Franklin Solomon is based in Voorhees, NJ, with a nationwide practice focused on evaluation, litigation and resolution of healthcare “liens” and reimbursement claims. Mr. Solomon represents personal injury victims and their attorneys in defending against claims by health plans and government benefits programs seeking payment out of tort recoveries. Mr. Solomon is a frequent speaker on healthcare lien and reimbursement issues at continuing legal education programs sponsored by the New Jersey Association for Justice, the New Jersey Institute for Continuing Legal Education (NJ-ICLE), HB Litigation Conferences, National Business Institute, and other professional organizations.

Among his significant cases in the field, Mr. Solomon represented the New Jersey Association for Justice (then called ATLA-NJ) in Perreira v. Rediger, 169 N.J. 399 (2001), in which the New Jersey Supreme Court disallowed health insurers’ reimbursement claims against their insureds’ tort recoveries. He was plaintiffs’ counsel in Levine v. United Healthcare, 402 F.3d 156 (3d Cir. 2005), a federal class action concerning reimbursement claims of ERISA-governed health plans. He was also appellate counsel in Wurtz v. The Rawlings Company, 761 F.3d (2d Cir. 2014), a class action challenging New York insurers’ reimbursement claims against their insureds, and plaintiffs’ counsel in Taransky v. Sebelius, 760 F.3d 307 (3d Cir. 2014), a class action challenging Medicare’s claims for reimbursement out of New Jersey tort recoveries.

Prior to opening his own firm, Mr. Solomon’s practice included 20 years of litigating mass tort and individual personal injury claims on behalf of plaintiffs. Among his significant cases, he was plaintiff’s counsel in Di Prospero v. Penn, 183 N.J. 477 (2005), which substantially altered the interpretation of New Jersey’s automobile tort threshold standards, and was amicus counsel on behalf of NJAJ in Olivo v. Owens Illinois, 186 N.J. 394 (2006), which established liability of industrial property owners for off-site “secondary” exposure to asbestos. Mr. Solomon has also served on the NJAJ Board of Governors.

Admitted to Practice:

  • New Jersey
  • Pennsylvania
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Western District of Michigan
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Supreme Court

Education:

  • Thomas Edison State College, B.A. Journalism
  • Rutgers University School of Law – Camden, J.D. (Tax Honors with Distinction)

Professional Affiliations:

  • New Jersey Association for Justice
  • American Association for Justice

Practice Areas

Specializing in health and disability plan liens and reimbursement claims made against personal injury settlements; litigating in all trial and appellate courts; representing plaintiffs and plan beneficiaries only.

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Reported Cases:

  • Friedman v. Martinez, 454 N.J.Super. 87, 184 A.3d 489 (App. Div. 2018)
  • Arnone v. Aetna Life Ins. Co., 860 F.3d 97 (2d Cir.), cert. denied, 138 S.Ct. 557 (2017)
  • Wurtz v. Rawlings Co., LLC, 761 F.3d 232 (2d Cir. 2014)
  • Taransky v. Sec. of U.S. Dept. of Health & Human Svcs., 760 F.3d 307 (3d Cir. 2014)
  • Hughes v. A.W. Chesterton & Co.,435 N.J.Super. 326, 89 A.3d 179 (App. Div. 2014)
  • Iron Workers Locals 40, 361 & 417 Health Fund v. Dinnigan, 911 F.Supp.2d 243 (SDNY 2012)
  • Olivo v. Owens Illinois, 186 N.J. 394, 895 A.2d. 1143 (2006) (amicus curiae, ATLA-NJ)
  • Di Prospero v. Penn, 183 N.J. 477, 874 A.2d 1039 (2005)
  • Levine v. United Healthcare Corp., 402 F.3d 156 (3d Cir.), cert. denied, 546 U.S.1054 (2005)
  • Levine v. United Healthcare Corp., 285 F.Supp.2d 552 (DNJ 2003)
  • West v. Health Net of the Northeast, 217 FRD 163 (DNJ 2003)
  • Carducci v. Aetna U.S. Healthcare, 247 F.Supp.2d 596 (DNJ 2003)
  • Carducci v. Aetna U.S. Healthcare, 204 F.Supp.2d 796 (DNJ 2002)
  • Sherwood Products, Inc. v. Connecticut Indemnity Co., 359 N.J.Super. 510, 820 A.2d 685 (App. Div. 2002)
  • Perreira v. Rediger, 169 N.J. 399, 778 A.2d 429 (2001) (amicus curiae, ATLA-NJ)
  • Feidt v. Owens Corning Fiberglas Corp., 153 F.3d 124 (3d Cir. 1998)
  • Granger v. Ohio Casualty Ins. Co., 306 N.J.Super. 469, 703 A.2d 1004 (App. Div. 1997), cert. denied, 154 N.J. 611, 713 A.2d 502 (1998)
  • Kelly v. Geriatric and Medical Services, Inc., 287 N.J.Super. 567, 671 A.2d 631 (App. Div.), aff’d 147 N.J. 42, 685 A2d 943 (1996)
  • Loftus-Smith v. Henry, 286 N.J.Super. 477, 669 A.2d 852 (App. Div. 1996)
  • Strawn v. Canuso, 140 N.J. 43, 657 A.2d 420 (1995) (amicus curiae, ATLA-NJ)

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