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17 May 2011, 10:34 am
The remainder of the decision is a lengthy discussion of other types of equitable remedies that might be available to the plaintiff under ERISA Section 502(a)(3). [read post]
12 Sep 2014, 3:00 am by raycam
Lawyers are specialists, like all other men around them. . . . [read post]
3 Apr 2023, 7:18 am by The Petrie-Flom Center Staff
But ERISA preemption silently bolsters its deregulatory effect even further. [read post]
4 Feb 2008, 9:02 am
Until now, ERISA plaintiffs could seek damages for breaches of fiduciary duty only on behalf of the plan – not in their individual capacity as plan participants. [read post]
4 Feb 2008, 9:02 am
Until now, ERISA plaintiffs could seek damages for breaches of fiduciary duty only on behalf of the plan – not in their individual capacity as plan participants. [read post]
29 Jun 2020, 6:30 am by Guest Blogger
  In a 2 to 1 decision (with the dissenter voting to reject all the plaintiffs’ claims and uphold the mandate), the 11th Circuit agreed that the mandate was unconstitutional. [read post]
4 Nov 2024, 10:00 pm by Sherica Celine
Read now » Related Content Objections and Responses to Requests for Production of Documents (Defendant to Plaintiff) (Federal) Use this template for your objections and responses to a plaintiff’s requests for production of documents. [read post]
10 May 2017, 10:20 am by Cynthia Marcotte Stamer
 While small employers plans sometimes qualify for some relief from a few of these requirements, depending on their size,  the majority of these federal rules apply to most if not all group health plans. [read post]
6 Jan 2020, 10:00 am by Dana Muir
The crux of this case is whether Thole and Smith are authorized to bring their claims under ERISA and under Article III of the Constitution, which requires a plaintiff to show that he has suffered a concrete and particularized injury. [read post]
22 Feb 2012, 5:00 am by Wystan M. Ackerman
Accordingly, Unum has breached its fiduciary duty to the Plaintiffs under ERISA Section 404(a), and the Plaintiffs are entitled to partial summary judgment as to liability on this claim. [read post]
6 Jul 2011, 5:00 am by Gregory Dell
In the lawsuit, the plaintiff alleged that Liberty Life had violated the provisions of the Employee Retirement Income Security Act of 1974 (ERISA). [read post]
8 Nov 2009, 1:22 am
Why should you care about all of this? [read post]
13 Feb 2009, 4:30 am
 If the district court holds that all the Sarkisyan's state law claims are preempted, it will be very difficult for plaintiffs to recover under Section 502 because of the extremely deferential standard of review under which  the court must review the coverage denial decision. [read post]
19 Sep 2012, 1:58 am by Kevin LaCroix
    ERISA plaintiffs can, in rare cases, sue a plan sponsor solely for acts in its settlor capacity. [read post]
19 Sep 2023, 10:50 am by Stephen Rosenberg
Section 510 of ERISA bars retaliation or similar employment actions against employees who exercise their rights under ERISA. [read post]