Search for: "ERISA PLAINTIFFS"
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22 Sep 2010, 11:41 am
The court held that plaintiffs’ claim sounded in ERISA because absent ERISA, there would be no obligation between the parties. [read post]
20 Sep 2022, 8:49 am
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. [read post]
20 Aug 2015, 5:41 am
Because ERISA claims are equitable in nature, the Fifth Circuit and the majority of other circuits have held that ERISA claims do not entitle a plaintiff to a jury trial. [read post]
7 Mar 2012, 8:42 am
Cigna Corporation (Cigna) was sued in the Federal Courts of Maryland, Florida, and Pennsylvania by three Plaintiffs for long-term disability benefit violations under the Employee Retirement Income Security Act (ERISA). [read post]
4 Apr 2024, 7:01 am
§§ 1001 et seq., over the last several years persisted in 2023, with class action litigators in the plaintiffs’ bar continuing to focus on challenges ERISA fiduciaries’ … Continue reading "Introducing The Duane Morris ERISA Class Action Review – 2024! [read post]
8 Aug 2012, 6:33 am
The Plaintiffs alleged that this credit, coupled with the Plan's definition of NRA, violates ERISA's backloading prohibition. [read post]
2 Mar 2011, 5:05 am
Metropolitan Life Insurance Company, No. 10-30707 (5th Cir. 2011), the plaintiff had brought suit under ERISA challenging the decision of the defendant, Metropolitan Life Insurance Company ("Metropolitan"), to deny her claim for long-term disability benefits, under the terms of a plan subject to ERISA (the "Plan"). [read post]
8 Aug 2011, 3:30 pm
Metropolitan Life Insurance Company, No. 09-4901-cv (2nd Cir. 2011), the plaintiffs had brought suit under ERISA, alleging that defendant Metropolitan Life Insurance Company ("MetLife") had breached its ERISA fiduciary duties to them. [read post]
29 Nov 2011, 6:10 am
Further, to establish the prima facie case, a plaintiff must show that an employer had a specific intent to violate ERISA. [read post]
14 Nov 2012, 6:50 am
The plaintiff became di [read post]
10 Oct 2008, 3:34 pm
In an ERISA case alleging breach of fiduciary duty by a plan administrator, motion to dismiss is affirmed by the Ninth Circuit where even a plan's sole beneficiary cannot, on behalf of an ERISA plan, bring a pro se action for breach of fiduciary duty under 29 U.S.C. section 1109(a). [read post]
20 Sep 2010, 9:22 am
UAW-GM, a plaintiff alleged legal malpractice based on a plan attorney's denial of benefits. [read post]
19 Jan 2016, 1:03 pm
California insurance law, not ERISA, applies to a lawsuit against a disability insurer by a former government employee The plaintiff in Klees v. [read post]
3 Sep 2010, 11:48 am
Court in Pennsylvania Finds Plaintiffs Failed to Exhaust Administrative Remedies under ERISA In Templin v. [read post]
14 Feb 2011, 5:20 am
The plaintiff then filed this suit under ERISA. [read post]
15 Dec 2010, 7:36 am
An ERISA plaintiff was not entitled to accidental death benefits when her husband died following a procedure to remove a broken wire that had been surgically inserted to treat an earlier injury, the 7th Circuit has ruled in affirming judgment. [read post]
10 Aug 2016, 11:44 am
Hundreds of millions of dollars of settlements later, no one is laughing at these theories of liability under ERISA anymore. [read post]
6 May 2014, 3:04 pm
This is because, in general, breaches of fiduciary duty related to an ERISA plan affect all participants and beneficiaries in the same manner, which renders the ERISA violation at issue common to all members of a proposed class. [read post]
20 Feb 2012, 2:29 am
Four plaintiffs have sued Unum Life Insurance Company Of America (Unum) in the District Courts of California, Michigan, and Massachusetts for the recovery of long-term disability benefits covered by the Employee Retirement Income Security Act (ERISA). [read post]
13 Oct 2011, 11:17 am
Supreme recently ruled, in a case called Hardt, that ERISA’s legal fee provisions allow fees to be awarded to an ERISA litigant who has achieved “some success” on the merits. [read post]
