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27 Sep 2011, 5:00 am
She also argued that the decision to terminate her disability benefits was an abuse of discretion, a breach of the terms of the Plan, and was wrong, arbitrary and capricious and having exhausted all her administrative remedies is entitled to seek relief from the Court under ERISA. [read post]
18 Feb 2008, 2:40 pm
My post from last Friday's ERISA decision in Amara v. [read post]
18 Jul 2014, 11:33 am
(As I discuss in detail below, this should actually be a much more difficult showing than many anticipate; but for now let’s assume that the plaintiff has met its burden.) [read post]
8 Mar 2014, 3:01 pm
FULLER, and all others similarly situated, Plaintiff-Appellant, SELETHIA PRUITT, et al., Plaintiffs, v. [read post]
20 Jul 2020, 7:48 am
Baum claimed that he always assumed that Varnum was agreeing to represent all the related entities. [read post]
25 Jan 2018, 11:09 am
MetLife, a case decided in March 2014 in the United States Court of Appeal for the First Circuit, Plaintiff Riley first made a claim for LTD benefits in 2000 when he was employed as an associate general manager. [read post]
9 May 2012, 12:48 pm
The former directors and officers, despite the fact that each of them, if the settlement were approved, would pay nothing, yet would be released from all claims that were or might have been asserted against them in this action. [read post]
30 Oct 2019, 10:00 am
[Disclosure: The author of this post represented the plaintiffs in Fifth Third Bancorp v. [read post]
3 Apr 2009, 6:12 am
Plaintiffs in three class actions opposed centralization, id. [read post]
27 Dec 2017, 11:33 am
When Sun Life denied Micha disability benefits, he filed an ERISA lawsuit against Sun Life. [read post]
29 Jul 2024, 10:00 am
However, ERISA stops plaintiffs from getting any other damages, like punitive or compensatory damages (such as for pain and suffering). [read post]
24 Feb 2014, 7:36 pm
§ 77k, a plaintiff may plead that a statement of opinion was “untrue” merely by alleging that the opinion itself was objectively wrong, as the Sixth Circuit has concluded, or must the plaintiff also allege that the statement was subjectively false – requiring allegations that the speaker’s actual opinion was different from the one expressed – as the Second, Third, and Ninth Circuits have held. [read post]
9 Jun 2010, 1:15 pm
After several appeals in the ERISA-governed administrative process, a lawsuit was brought in Federal court. [read post]
21 Nov 2012, 4:04 pm
The firm has extensive experience with the complex appeals process and federal court litigation of ERISA matters. [read post]
13 Feb 2019, 9:45 am
If you have questions about your appeal, consult with a long-term disability lawyer who has handled complex ERISA cases. [read post]
3 May 2023, 5:00 am
In White, the plaintiffs brought ERISA claims against their employer, a hotel chain. [read post]
31 May 2016, 4:05 pm
In Gobeille, the Supreme Court ruled that the preemption provisions of Section 514 of the Employee Retirement Income Security Act (ERISA) bar Vermont from requiring self-insured ERISA Plans In addition to excusing self-insured Plans from the trouble and expense of complying with Vermont’s disclosure law, the Supreme Court’s ruling in Gobeille that Vermont cannot enforce the law against self-insured ERISA Plans raises a concern that the Privacy Rules of HIPAA… [read post]
6 Feb 2017, 6:27 am
These factors all suggest that 2017 will see an increase in wage & hour lawsuit filings. [read post]
22 Aug 2014, 1:18 pm
As the brief for Thomas Aquinas College puts it: "Plaintiffs’ insurance company or TPA will provide the objectionable coverage to Plaintiffs’ employees only by virtue of [read post]
21 Sep 2008, 5:59 pm
Pursuant to this agreement, New Mather was allowed to use the manufacturing process in exchange for its promise to maintain its secrecy and to grant plaintiff the exclusive right to perform all design work for New Mather. [read post]
