Jan 17, 2017
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Insurance policyholders reasonably expect that their insurance company will treat them fairly. Insurance companies violate the law when they put their own interests over those of their policyholders.
McKean represents insurance policyholders in class action lawsuits against insurance companies who systematically cheat their insureds. In one class action, Harshbarger v. Pennsylvania Mutual Life Insurance Company, Case No. 12-6172 (E.D.Pa.), McKean and FDPK partner Joe Kravec represent plaintiffs alleging a life insurance company illegally hoarded surplus premiums that rightfully should have been paid back as dividends to over 200,000 of its policyholders.
McKean also represents individual insurance policyholders against insurance companies that wrongfully refuse to pay claims or otherwise take advantage of their insureds.
FDPK’s consumer class action practice group fights unlawful, deceptive and abusive business practices. As part of this team, McKean has represented consumers against illegal business practices in a variety of industries as diverse as home mortgage lending, health insurance and retail sales.
In Spears, et al. v. First American EAppraiseIT, Case No. 08-868-RMW (N.D.Cal.), McKean was part of the team that represented home borrowers against a real estate appraiser group that allegedly agreed to falsely overvalue homes in order to help a bank sell more subprime mortgages during the bubble leading up to the 2008 financial crisis. The case settled on the eve of trial, recovering $9.8 million on behalf of over 70,000 home borrowers who were charged for appraisals as part of this illegal agreement. At the end of the case, the judge observed “This case was well litigated through multiple motions to dismiss, class certifications, summary judgment, and other motions.” 2015 WL 1906126 (N.D. Cal., April 27, 2015).
McKean is part of the FDPK team representing consumers in a class action lawsuit alleging that their medical records, social security numbers, and other sensitive personal information were exposed to hackers because a health insurance company grossly neglected its computer security in Welch v. Premera Blue Cross, et al., Case No. 15-552 (W.D.Wash.).
In Larsen v. Trader Joe’s Company, Case No. 11-CV-05188, 2014 WL 3404531 (N.D. Cal.). FDPK attorneys including McKean recovered a $3,375,000.00 settlement in a false advertising class action on behalf of consumers who purchased products labeled “All Natural” but containing allegedly synthetic ingredients.
Employees sometimes accept lower pay today in exchange for the promise of health insurance or other benefits in their retirement tomorrow. Unfortunately, employers often reduce or completely eliminate the promised retiree benefits after their employees are retired.
McKean represents retirees in class actions challenging their former employer’s reduction or termination of their retirement benefits as part of the firm’s employee benefits practice group. McKean represents workers who retired from blue-collar jobs across the country, like the retirees from a Pennsylvania air conditioning plant in Grove, et al. v. Johnson Controls, Inc., et al., Case No. 12-2622 (M.D.Pa.), a Massachusetts paper mill in Dame, et al. v. Neenah Paper, Inc., et al, Case No. 16-40029 (D. Mass.) and a West Virginia aluminum plant in Barton et al v. Constellium Rolled Products-Ravenswood, LLC, Case No. 13-3127 (S.D.W.Va.).
McKean is active in the Pittsburgh legal community. He is Co-Chair of the Education Committee of the Allegheny County Bar Association’s Young Lawyers Division, where he has presented educational programs on topics including deposition skills and legal writing. McKean published the article Maintaining Work-Life Balance in the Age of the Email App for the Young Lawyers Division’s nationally-recognized newsletter “Point of Law.” McKean serves on the Legal Committee of the Pittsburgh Chapter of the American Civil Liberties Union (ACLU), as well as on the ACLU’s Young Leadership Outreach Team.
Outside of work, McKean is an outdoor enthusiast. He spends free weekends backpacking in the wilderness of Western Pennsylvania and West Virginia. He regularly commutes to work on his bicycle and is a member of Bike Pittsburgh, Pittsburgh’s bicycle and pedestrian advocacy group. An avid runner, he is currently training for his fourth Pittsburgh Marathon.
McKean earned his J.D. cum laude from the University of Pittsburgh School of Law. He earned his B.A. magna cum laude from the University of Maine, graduating in three years.
He received numerous scholarly awards, including the “Order of the Barristers,” awarded each year to ten graduating students for excellent oral and written advocacy; two CALI “Excellence in the Future” awards as the highest scoring student in Constitutional Law and in Freedom of Religion; and the Dean’s Scholarship for outstanding academic performance.
He served as a Research Editor on the University’s Law Review, where he published the Note The Future of Conflicts Between Islamic and Western Financial Systems: Profit, Principle and Pragmatism.
Before joining Feinstein Doyle Payne & Kravec, LLC, McKean served as a law clerk to the Honorable Robert L. Boyer, Common Pleas Judge of the 28th Judicial District of Pennsylvania. McKean assisted the judge in researching the law and issuing rulings in a variety of cases.
During law school, McKean practiced as a certified legal intern in the University of Pittsburgh School of Law Civil Practice Clinic, providing pro bono representation to indigent members of the local community.