As a member of the firm's Litigation Practice Group, Kyle Kirby focuses on employee benefits/ERISA litigation. Kyle has a national practice, litigating ERISA and non-ERISA benefits cases in federal and state courts across the country.   

Prior to joining the firm, Kyle served as law clerk for the Honorable Philip E. Haines, Superior Court of New Jersey. During law school, Kyle was a summer associate at Pierce Atwood. He served as a legal writing teaching instructor and an intern for the Honorable Kermit V. Lipez of the U.S. Court of Appeals for the First Circuit. Kyle was the recipient of the Daniel E. Wathen Legal Writing Award and the Faculty Significant Achievement Award.

Professional Activities

Member, Defense Research Institute

Member, Maine State Bar Association

Publications

Co-author, The First Circuit chapter of The ERISA Survey of Federal Circuits, 2014 Edition

Co-author, Maine chapter of State-by-State Guide to Architect, Engineer, and Contractor Licensing, Second Edition

Practice Areas

In the last four years, Kyle has drafted dispositive motions in ten ERISA benefits cases, prevailing in all ten.  Those matters include:

Representative Experience

  • Drach v. Sun Life Assurance Co. of Canada, 2016 WL 5417191 (D.N.J. Sept. 28, 2016) (granting insurer's motion for summary judgment in ERISA case seeking LTD benefits)
  • Bradley v. Sun Life Assurance Co. of Canada, 5:13-cv-05226 (W.D. Ark. Mar. 31, 2015) (granting insurer's motion for summary judgment in ERISA case seeking LTD benefits)
  • Irgon v. Lincoln Nat. Ins. Co., 3:12-cv-04731 (D.N.J. Oct. 23, 2014) (granting insurer's motion for judgment on the administrative record in ERISA case seeking LTD benefits)    
  • Decorpo v. Unum Life Ins. Co. of Am., 2014 WL 4794345 (D.N.H. Sept. 25, 2014) (granting Unum’s motion for judgment on the administrative record in ERISA case seeking LTD benefits).

  • Rainey v. Sun Life Assur. Co. of Canada, 2014 WL 4053389 (M.D. Tenn. Aug. 15, 2014) (granting insurer's motion for judgment on the administrative record in ERISA case seeking life and accidental death benefits and equitable relief)
  • Janiszewski v. Lincoln Nat. Ins. Co., 5:13-cv-00174 (N.D. W. Va. Aug. 18, 2014) (granting insurer's motion for summary judgment in ERISA case seeking accidental death benefits)
  • Ellis v. Unum Life Ins. Co. of Am., 2014 WL 235212 (D. Me. Jan. 22, 2014) (granting insurer's motion for judgment in ERISA case seeking LTD benefits)
  • Falk v. Life Ins. Co. of N. Am./Cigna Grp. Ins., 2013 WL 5348189 (D.N.H. Sept. 23, 2013) (granting insurer's motion for judgment in ERISA case seeking LTD benefits)
  • Irgon v. Lincoln Nat. Ins. Co., 2013 WL 1352265 (D.N.J. Apr. 2, 2013) aff'd 2013 WL 6054809 (D.N.J. Nov. 15, 2013) (denying plaintiff's motion to compel discovery)
  • Hilton v. UNUM Life Ins. Co. of Am., 967 F. Supp. 2d 1114 (E.D. Va. 2013) (granting insurer's motion for summary judgment in ERISA case seeking LTD benefits)
  • Garza v. Sun Life Assur. Co. of Canada, 2013 WL 1816989 (S.D. Tex. Apr. 29, 2013) (granting insurer's motion for summary judgment in ERISA case seeking accidental death benefits)