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9 Jan 2012, 8:04 am
The husband sued the plan under ERISA to recoup this money. [read post]
30 Apr 2009, 5:02 am
ERISA Litig., ___ F.3d ___ (9th Cir. [read post]
28 Jan 2011, 12:28 am
The plaintiffs allege that the increasing, multiyear U.S. [read post]
22 Feb 2008, 3:17 am
Regardless of how things turn out, fiduciaries should be even more careful to exercise diligence in all plan activities. [read post]
21 Jan 2009, 3:16 pm
After attorney fees and costs, the amount to the Plaintiff was $417,000. [read post]
7 Jan 2022, 7:42 am
The settlement value of the top 10 ERISA class actions climbed sharply in 2021. [read post]
23 Jul 2014, 11:50 pm
Burwell, No. 14-6028--involve organizations that use "church plans" [a technical ERISA category] for their employee insurance coverage. [read post]
19 Jan 2022, 5:24 am
In addition to demonstrating that pertinent statements were materially misleading, a plaintiff must further establish that he reasonably relied to his detriment on such statements in order to succeed on an ERISA misrepresentation claim. [read post]
18 Sep 2015, 3:00 am
However, the proposed class in Dicuio considered a class that consisted of all purchasers in New Jersey, who since 2005 purchased Brother Laser Printers of similar models to Plaintiff’s and required the same color ink cartridges. [read post]
27 Mar 2009, 9:20 am
All summaries are produced by Findlaw. [read post]
28 Apr 2025, 9:00 pm
In addition to ERISA claims, plaintiffs pursued various federal and state causes of action, including emotional distress and invasion of privacy, and seek punitive damages. [read post]
1 Nov 2010, 10:15 pm
Co., 141 F.3d 1038, 1040 (11th SCir. 1998) (“A plaintiff suing under [29 U.S.C. [read post]
21 Jan 2011, 11:04 am
Indeed, a plaintiff’s prohibited transactions claim against a defendant may be brought under a completely separate ERISA provision: Section 406(b). [read post]
4 Sep 2012, 9:23 am
”) The plaintiff was barred by the contractual limitations period, as the court gave little weight to the plaintiff’s attempts to argue around the contractual limitations period, which were basically limited to tolling arguments made, apparently, without significant factual support. [read post]
3 Jun 2008, 12:43 am
Johns Law School and New York Law School, All rights reserved.In Trujillo v. [read post]
27 Mar 2014, 4:10 am
[I]t is a Government imposed device that pressures the Plaintiffs into facilitating the contraceptive coverage to which they have sincerely held religious objections.....The Court’s conclusion does not change even if the Government had argued, as it did in other cases, that it has no ERISA authority to require a church plan to contract with a TPA to provide contraceptive coverage.... [read post]
3 Dec 2009, 10:12 am
I am going to catch up on a number of items I have meant to blog on this week, all in one fell swoop. [read post]
5 Oct 2007, 4:23 am
Unlike Abram, the claimant in this case did not attempt at all during the administrative proceeding to engage in any dialogue with the administrator. [read post]
8 Nov 2007, 6:01 am
Unlike Abram, the claimant in this case did not attempt at all during the administrative proceeding to engage in any dialogue with the administrator. [read post]
4 Oct 2012, 7:06 am
The attorney-client privilege provides confidentiality for all communications between attorneys and clients pertaining to legal advice. [read post]