Robert Rosati

ERISA Lawyer

Attorney Robert RosatiRobert Rosati devotes a substantial portion of his law practice to clients seeking disability insurance benefits and life insurance benefits from their insurance companies.

ERISA Law Group clients benefit from the outstanding appellate skills that Mr. Rosati has developed in his 25 year career. He has filed and argued numerous appeals before judges of federal circuits around the country. Appellate work is at the heart of most ERISA law cases, yet many lawyers lack this experience. It requires special skills and habits of mind. An appellate attorney must advance his or her case from the law and an established paper record, without benefit of live witnesses or cross-examination. Time and time again, Mr. Rosati has proven his ability to win appeals for his life and disability insurance clients.

Mr. Rosati is also a veteran trial lawyer, working on cases involving accidents, sexual harassment, civil rights violations, and other claims against school districts, municipalities, and homeowners associations.

Mr. Rosati was born and raised in Rochester, New York, graduating Magna Cum Laude from the State University of New York at Albany in 1977. He received his law degree from The University of California, Hastings College of the Law in 1983. He has practiced law in San Francisco and Central California since he was admitted to the bar in 1983.

Court Admissions

  • California Supreme Court: December 12, 1983.
  • United States District Court of California, Northern District: April 10, 1984.
  • United States District Court of California, Eastern District: April 4, 1986.
  • United States Court of Appeals for the Ninth Circuit: July 11, 1986.
  • United States Court of Federal Claims: July 31, 2000.
  • United States Court of Appeals for the Federal Circuit: September 30, 2003.
  • United States District Court of California, Central District: October 17, 2003.
  • United States District Court of California, Southern District: March 16, 2006.
  • United States District Court of Michigan, Western District: March 30, 2006.
  • United States District Court of Colorado: February 2, 2007.
  • United States District Court of Oklahoma, Western Division: May 31, 2007.
  • United States Court of Appeals, Fifth District: December 18, 2007.
  • United States District Court, Eastern District of Michigan: September 3, 2008.
  • United States Court of Appeals, Tenth Circuit: September 24, 2008.
  • United States Court of Appeals, Sixth Circuit: May 11, 2009.

Published Cases

1. Brooks v. State Personnel Board, 222 Cal. App. 3d 1068 (1990)

2. Kantor v. Housing Authority, 8 Cal. App. 4th 424 (1992)

3. Espinoza v. Machonga, 9 Cal. App. 4th 268 (1992)

4. Cutler-Orosi Unified School District v. Tulare County School District, etc., Authority, 31 Cal. App. 4th 617 (1994)

5. Randi W. v. Muroc Joint Unified School District, 14 Cal. 4th 1066 (1997)

6. Woodward Park Homeowners Association v. Garreks, Inc., 77 Cal. App. 4th 880 (2000)

7. Chappel v. Laboratory Corp. of America, 232 F.3d 719 (9th Cir. 2000)

8. Toews v. United States, 53 Fed. Cl. 58 (2002)

9. Toews v. United States, 376 F.3d 1371 (Fed. Cir. 2004)

10. Renewal Body Works, Inc. v. United States, 64 Fed. Cl. 609 (2005)

11. Barclay v. United States, 443 F. 3d 1368 (Fed. Cir. 2006)

12. Moskowite v. Everen Capital Corp. Group Disability Income Plan, 2005 U.S. Dist. LEXIS 20842 (N.D. Cal. 2006)

13. Garcia v. Los Banos Unified School District, 418 F. Supp. 2d 1194 (E.D. Cal. 2007)

14. Brooks v. Metropolitan Life Insurance Company, 526 F. Supp. 2d 534 (D.C. Md. 2007)

15. Beckstrand v. Electronic Arts Group Long Term Disability Insurance Plan, 2006 U.S. Dist. LEXIS 79361 (E.D. Cal. 2007)

16. Moskowite v. Everen Capital Corp. Group Disability Income Plan, 2006 U.S. Dist. LEXIS 5915 (N.D. Cal. 2008)

17. Beckstrand v. Electronic Arts Group Long Term Disability Insurance Plan, 2007 U.S. Dist. LEXIS 43643 (E.D. Cal. 2008)

18. Neerdaels v. Group Short Term Disability & Long Term Disability Plan, 261 Fed. Appx. 7 (9th Cir. 2007)

19. Rodden v. John Hancock Financial Services, 2008 U.S. Dist. LEXIS 34613 (W.D. Ok. 2008)

20. Reaves v. International Paper Company Long-Term Disability Plan, 2008 U.S. Dist. LEXIS 47263 (W.D. Tenn. 2008)

21. Beckstrand v. Electronic Arts Group Long Term Disability Insurance Plan, 2008 U.S. Dist. LEXIS 83195 (E.D. Cal. 2008)

22. Santos v. Quebecor World Long Term Disability Plan, 254 F.R.D. 643 (E.D. Cal. 2009)

23. Cleveland v. Liberty Life Assurance Company, 2009 U.S. Dist. LEXIS 18326 (E.D. Mi. 2009)

24. Scherr v. Fleet Boston Financial Corp. Group Long Term Disability Plan, 2009 U.S. App. LEXIS 10365 (9th Cir. 2009)

25. Santos v. Quebecor World Long Term Disability Plan, 2009 U.S. Dist. LEXIS 42978 (E.D. Cal. 2009)

I try to even the scales for my clients, to neutralize the inherent advantage the insurance company has under ERISA. I can quickly identify potential issues and vulnerabilities on the other side. When you go up against these insurance companies repeatedly, you learn what arguments and tactics will be most effective for each company.