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8 Jul 2020, 3:47 am
Ultimately, the court found that the beneficiary plaintiff, Kristine Sullivan-Mestecky, had properly plead her Section 502(a)(3) claims for equitable remedies under ERISA, and it reversed the district court’s decision that had found otherwise. [read post]
23 Jan 2019, 10:24 am
After exhausting his administrative remedies, Plaintiff filed this ERISA lawsuit. [read post]
17 Aug 2020, 12:05 pm
In fact, ERISA requires an annual fee disclosure to be provided by a Plan administrator to participants. [read post]
19 Nov 2011, 3:50 am
In this video Nationwide Disability Insurance Attorney Gregory Dell discusses the precautions that all disability insurance claimants using Facebook should consider. [read post]
2 May 2012, 3:09 pm
Plaintiff's Relief Requests Plaintiff wants the following relief from Standard: Plaintiff has been and continues to be eligible to receive LTD benefits as defined by the terms of the Plan Standard must pay all disability benefits to which the Plaintiff is entitled to and owed from July 3, 2008 to the present date All attorney's fees, interest, costs, and disbursements be paid All other relief that the Court… [read post]
5 Apr 2011, 2:06 am
Though some or all of the claims in these cases were dismissed in whole or in part, the plaintiffs have managed to live at least for another day (if only just barely in the Freddie Mac case). [read post]
26 Feb 2020, 3:42 pm
Section 413(2) of ERISA imposes a three-year limitations period from the earliest date on which the plaintiff “had actual knowledge” of the alleged fiduciary breach. [read post]
27 Jun 2011, 10:48 am
And § 502(a) itself demonstrates Congress' care in delineating the universe of plaintiffs who may bring certain civil actions. [read post]
27 Jun 2011, 12:02 pm
And § 502(a) itself demonstrates Congress' care in delineating the universe of plaintiffs who may bring certain civil actions. [read post]
28 May 2018, 6:57 am
The plaintiffs respond that such a specialty does not exist because all ERISA fiduciaries are subject the to the same standard of care. [read post]
18 Dec 2009, 3:23 pm
The offset will make whole all of the accounts of the non-trustee participants. [read post]
30 Sep 2009, 11:37 am
Otherwise, these ERISA abuses will continue unabated. [read post]
12 Oct 2011, 4:16 am
Prudential denied the Plaintiff a lawful, full and fair review pursuant to ERISA for various reasons by: Failing to consider all evidence submitted by Plaintiff or de-emphasizing the medical evidence supporting Plaintiff's disability. [read post]
16 Apr 2009, 3:01 pm
The Court held that ERISA Section 502(a)(2)(B) provided full relief to the plaintiffs for their claims for benefits, making Section 502(a)(3)’s residual or “catchall” equitable relief unnecessary where, as here, the plaintiffs merely “repackaged” their benefits claims as breach of fiduciary duty claims. [read post]
27 Dec 2007, 1:22 pm
Even ERISA itself does not mandate that an employer must offer any particular benefits, or any benefits at all, to employees. [read post]
16 Jan 2018, 9:51 am
Nonetheless, plaintiffs were more successful than defendants in litigating certification motions in ERISA class actions, as plaintiffs won 17 of 22 certification rulings in 2017. [read post]
15 Apr 2016, 10:09 am
Others, such as ERISA-based insurance plans, generally will not reduce the liens at all. [read post]
10 Mar 2008, 7:55 pm
ERISA disability benefit plans commonly require objective medical evidence of disability. [read post]
4 Apr 2014, 11:04 am
” On rebuttal, Justice Sotomayor pressed Long about why ESOP fiduciaries, like all others, shouldn’t just “obey the law. [read post]
25 Jan 2011, 12:15 am
Finally, Judge Sweet granted the motion to dismiss the ERISA class action complaint, holding that the plaintiffs’ allegations were not sufficient to overcome the applicable presumption of prudence and failed to establish improper conflicts of interest. [read post]
