Overview
Richard D. Diggs focuses his practice on commercial litigation. He is experienced in litigating a myriad of disputes including ERISA, securities, and commercial contract cases in federal and state courts.
Prior to joining McDermott, Richard gained experience working as an associate in a global law firm in New York, as well as clerking for the Honorable James E. Graves Jr. in the US Court of Appeals for the Fifth Circuit and the Honorable Denise Page Hood in the US District Court for the Eastern District of Michigan.
During Law School, Richard was a Notes Editor for the New York University Law Review.
Results
- Represented a large health insurance company in a lawsuit against a for-profit health system for misrepresentations and breach of contract; after four-week arbitration and post-hearing briefing, the case settled favorably in global resolution of other disputes.
- Obtained complete victory on behalf of a large health insurance company against multiple hospitals alleging that the company underpaid out-of-network emergency services claims.
- Representing a large health insurance company against a group of chiropractors alleging various violations of ERISA.
- Representing a large national insurance company in a class action retiree medical benefits lawsuit alleging that the company reneged on its promise to count employees’ years of service with an acquired company in calculating retirement benefits.
- Representing a large health insurance company in putative class actions alleging ERISA violations regarding a large health insurance company’s payment practices for out-of-network benefits.
- Representing a large health insurance company as national litigation advisory counsel for health insurance benefits lawsuits alleging improper denials of benefits and violations of mental health parity laws.
- Represented a private equity firm against allegations of control person liability in putative class actions based on Securities Act claims. *
*Matter handled prior to joining McDermott.
Recognitions
- The Best Lawyers: Ones to Watch in America, Corporate Governance and Compliance Law, 2024
Credentials
Education
New York University School of Law, JD, 2017
Wayne State University, BA, cum laude, May 2012
Courts/Agencies
US Court of Appeals for the Fifth Circuit
Admissions
New York
