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17 May 2011, 11:34 am
The Supreme Court disagreed, saying that not all "equitable" remedies required a showing of reliance. .A key take-away for non-ERISA people is that the courts here found that a newsletter previewing potentially detrimental changes to the plan was incomplete and misleading. [read post]
20 Mar 2019, 4:10 am
In any event, even if RFRA is applicable in the present case, it does not preclude ERISA preemption because ERISA does not impose a “substantial burden” on Plaintiff’s free exercise of religion. [read post]
21 Oct 2022, 8:43 am
Attorney fee awards under ERISA loom larger in the imagination of lawyers and, to the extent they note it at all, the public than they do in the real world. [read post]
3 Jun 2020, 1:12 pm
The post After McKennon Law Group PC Prevails on Fee Motion, Judge Orders Aetna to Pay Nearly $115,000 in Attorneys’ Fees to Plaintiff in ERISA Disability Case appeared first on McKennon Law Group. [read post]
4 Nov 2018, 3:23 pm
Nearly all employee benefit plans are governed by the Employee Retirement Income Security Act of 1974, or ERISA. [read post]
27 Apr 2017, 12:51 pm
Does everyone on the internet drive traffic to their sites by linking to the draft if at all possible? [read post]
22 Sep 2010, 7:23 am
In a recent ERISA Long Term Disability case, the Court granted Plaintiff's Motion for summary judgment and ordered Defendant to pay all of Plaintiff's overdue benefits during the "own occupation" period. [read post]
20 Oct 2016, 10:00 am
The “this” in question is an interesting little twist in litigation over an attorney fee award to plaintiff’s counsel in the long running ERISA litigation, Frommert v. [read post]
7 Nov 2024, 3:57 pm
Case Overview: ERISA Claims Against Kellogg Company In the case, Plaintiff Bradley Fleming brought Employee Retirement Income Security Act (ERISA) claims against his former employer, Kellogg Company, and the fiduciaries of the company 401(k) plan. [read post]
17 Dec 2013, 12:30 am
However, rather than arguing for or against the position adopted by the Sixth Circuit, the DoL argued that there should be no presumption of prudence at all, saying that “ERISA’s text and purposes do not call for the application of a presumption at any stage of the proceedings. [read post]
4 Mar 2021, 9:55 am
Further, fiduciaries must maintain confidentiality and disclose all information. [read post]
10 Feb 2012, 1:58 am
In all four cases that were filed via the respective disability lawyers, Unum is accused of refusing to pay the Plaintiffs' long-term disability claims under their respective plans. [read post]
17 Jan 2013, 8:55 am
First, the court could rule in blanket fashion that equitable principles such as unjust enrichment, the common fund doctrine or the make whole doctrine apply in all ERISA lien cases. [read post]
12 Jan 2015, 11:13 am
").Punitive damages in an ERISA case? [read post]
21 Feb 2024, 9:00 am
Co., the plaintiff argued that she did not receive a full and fair review of her long-term disability claim as required by ERISA. [read post]
27 May 2016, 8:51 am
Liberty Mutual Retirement Benefits Plan, the Ninth Circuit tackled an old chestnut in ERISA litigation, namely the argument that a plaintiff could not bring an action alleging both the wrongful denial of benefits and seeking equitable relief under ERISA as well. [read post]
16 May 2007, 2:13 pm
All the ERISA lawyers in the house, read on! [read post]
8 Jun 2010, 10:00 am
That is, the state law claim may not relate to the administration of an employee benefit plan at all. [read post]
24 Jul 2024, 10:00 am
A plaintiff with a strong case who prevails is more likely to be awarded attorney’s fees. [read post]
22 Sep 2010, 7:23 am
In a recent ERISA Long Term Disability case, the Court granted Plaintiff's Motion for summary judgment and ordered Defendant to pay all of Plaintiff's overdue benefits during the "own occupation" period. [read post]
