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10 Sep 2015, 8:29 am
Extending Basic to the Amgen case “conferred a presumption of reliance on persons who have not taken any reliant action at all. [read post]
27 Mar 2009, 9:26 am
All summaries are produced by Findlaw. [read post]
20 Feb 2014, 10:08 am
” One can say that across the board about all of the excessive fee litigation, and its spin off of other types of cases all targeting the question of whether plan participants are paying more than they should for plan benefits. [read post]
27 Apr 2010, 4:15 pm
The plaintiff asked for summary judgment and her summary judgment motion was denied. [read post]
25 Jul 2007, 10:14 am
In the unusual circumstances of this case, I conclude that it is appropriate to require the dotting of all i’s and the crossing of all t’s. [read post]
21 Apr 2010, 11:17 am
It’s all true, of course, but that snapshot ignores one cluster of lawyers for whom 2009 seemed to just fine: the top plaintiffs’ securities firms. [read post]
29 May 2007, 3:00 pm
In Welch, an ERISA case in which the plaintiff prevailed and was awarded attorney's fees, the trial court reduced the plaintiff's fee application by 20%, across the board, to account for the plaintiff's firm's block-billing practices, and another 20%, across the board, to account for billing in increments of quarter-hours. [read post]
19 Dec 2006, 9:20 am
This case is about ERISA. [read post]
27 Jun 2014, 9:20 am
Instead, the fiduciaries are subject to the same duty of prudence that applies to all investment decisions made by ERISA fiduciaries. [read post]
18 Apr 2013, 5:40 am
(This is a common provision in ERISA health care plans, intended to control costs for all participants and to avoid costly litigation over recovery.) [read post]
23 Oct 2007, 5:26 am
The Kansas plaintiffs moved the federal court to certify a class action on their behalf, as well as a nationwide class action on behalf of the ERISA class, id., at 1. [read post]
4 Feb 2011, 2:28 pm
The determination that all such claims made pursuant to an employer-sponsored health insurance program are pre-empted by ERISA severely limits insurer's abilities to recoup payments made to providers. [read post]
30 Jul 2007, 7:13 am
The District Court found that dismissal as to all counts in the complaint was inappropriate at the pleading stage, and denied the motion.Plaintiffs’ claimed that MBNA was itself a fiduciary under ERISA and was vicariously liable for individual fiduciaries under respondent superior. [read post]
8 Apr 2009, 3:24 pm
Not only must losing plaintiffs pay their own fees, but all plaintiffs assume a risk of an award of fees against them. [read post]
21 Mar 2014, 8:33 am
We all know, as well, that many judges reluctantly accept that this occurs in ERISA litigation, and rule accordingly, although often expressing unhappiness about doing so – if not in their opinions, then in comments from the bench during hearings. [read post]
16 Feb 2008, 8:26 am
Here are the briefs filed by the company and the plaintiff. [read post]
30 Aug 2010, 1:41 pm
Other cases discussing the statistics allowed under ERISA include: Dilley v. [read post]
16 May 2018, 8:07 am
Inventory all plans, including qualified, nonqualified, health and welfare, and severance plans, that are subject to ERISA. [read post]
6 Mar 2012, 4:43 pm
On May 13, 2011, the Court ruled that MetLife abused its discretion and improperly denied plaintiff’s claim for long-term disability (“LTD”) benefits made under an ERISA-governed employee welfare benefit plan. [read post]
9 Aug 2016, 4:42 am
The Alabama district court for the Middle District of Alabama meticulously analyzed each of the issues and reviewed all of the plaintiff’s medical records. [read post]
