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18 May 2015, 7:29 am
Important Discussion: The effect of footnote 10 in Kennedy is one of the hottest issues in ERISA law. [read post]
16 Jun 2020, 6:42 am
Justice Kavanaugh, writing for the majority, further explained: [Plaintiffs] have received all of their monthly benefit payments so far, and the outcome of this suit would not affect their future benefit payments. [read post]
16 Oct 2014, 7:10 am
Hi-Lex Controls, Inc. 14-168Issue: (1) Whether, under the Employee Retirement Income Security Act of 1974 ("ERISA"), a service provider that contracts with an employer to provide services to an ERISA plan exercises “control” over “plan assets” when the service provider (a) contracts with the employer for compensation for services provided to the plan, and (b) elects to exercise its contractual right to receive that compensation, rather than… [read post]
12 Jun 2014, 4:19 pm
The Justices have not yet considered five of them, but on Monday the Court denied review in the sixth: an ERISA case, Thurber v. [read post]
22 Mar 2023, 9:25 am
What is deferential review in the context of an ERISA case but a structural barrier against paying out benefits to employees? [read post]
22 Sep 2007, 8:09 am
Plaintiffs allege that BCBSM violated its fiduciary duties under ERISA, and they seek to represent a class of all participants and beneficiaries of ERISA self-funded plans for which BCBSM administers claims and/or handles plan assets. [read post]
16 Sep 2010, 7:06 pm
Sorry all for not posting in a while. [read post]
10 Dec 2009, 4:52 am
The Funds claimed that Eagle America violated ERISA and the LMRA by failing to make proper employee benefit contributions, failing to pay proper union dues, and failing to maintain a surety bond to guarantee the payment of wages and contributions for all “hours worked. [read post]
2 Jan 2013, 6:17 am
Plaintiff easily met the first three elements. [read post]
9 Jan 2008, 10:45 am
We would also need to account for a selection bias in class action cases - that plaintiff lawyers may under-report less favorable settlements and are highly selective in picking cases for class action treatment. [read post]
20 Sep 2024, 9:28 am
On this last issue, we said disclosures now required by updates to the Employee Retirement Income Security Act (ERISA) for health plan service providers means there may be more cases in which plaintiffs claim excessive fees, such as in the ongoing Lewandowski v. [read post]
29 Jul 2009, 12:58 pm
But a difference.Am I sympathetic to the plaintiff? [read post]
23 Mar 2011, 6:35 pm
If we want to eat candy bars and milkshakes all the time . . . well, by golly, it's a free country. [read post]
4 Mar 2013, 3:38 am
In order to satisfy the definition of disability under the terms of United of Omaha Disability Plan, the Plaintiff, Ms. [read post]
7 Jul 2007, 2:24 am
Following a jury trial, he was convicted on all counts, and now brings this appeal. [read post]
8 Sep 2011, 11:45 am
The patient here did not live long enough for Medicare to become the primary payer for the treatment in question and the GHP was liable for payment of all treatment received. [read post]
3 Jul 2014, 12:03 pm
Several years later, a federal civil rights suit was filed alleging that plaintiff had been tortured and abused by officers under the retiree’s command, and that the retiree had known about and participated in those practices. [read post]
30 Apr 2020, 11:41 pm
What’s interesting in this case is that against ERISA – the ERISA guidelines and the ERISA rules – they used the same neuropsychologist on both the initial review of the claim and the subsequent appeal. [read post]
23 Jul 2024, 8:00 am
ERISA Litigation/Controversy . [read post]
4 Nov 2024, 10:00 pm
Practical Guidance is committed to amplifying diverse voices of attorneys across all differences, including gender and race. [read post]
