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17 Mar 2015, 6:12 am
” While the Court noted that such in-person claims are not mandatory in all ERISA LTD reviews, in this instance, one should have been conducted due to “the complexity of Puccio’s health conditions, and the volume of her medical records, and their lack of clarity…”. [read post]
24 Jan 2015, 6:43 am
This demand includes the Policy Claimants' agreement to satisfy any and all hospital liens, Medicare liens, Medicare set-side requirements, Medicaid liens, ERISA liens, child support liens and any and all other statutory, contractual or common law liens, reimbursement interests or assignments out of the policy limits demanded. [read post]
24 Dec 2009, 12:28 am
She also let stand claims against Zell over knowing participation in the breach and violation of ERISA. [read post]
19 Nov 2019, 10:00 pm
In many instances, these reviewers are not provided all of the claimant’s medical records and are not even qualified to render opinions for the specialty needed. [read post]
4 Jul 2011, 8:39 pm
Effective asset protection planning can alleviate some of these risks by putting your retirement assets out of reach from potential plaintiff’s attorneys. [read post]
29 Apr 2010, 11:17 am
So far, the Court has decided 33 of its argued cases this Term, including (as of yesterday) all cases argued during the October Sitting. [read post]
1 Jan 2014, 2:24 pm
All but one of those plaintiffs received such injunctions or stays, most from district court judges. [read post]
23 Mar 2017, 4:01 pm
In this action for breach of duties under ERISA, Plaintiff and the at-issue defendant (“Defendant”), among others, entered into a tolling agreement, effective March 9, 2011, which, according to the court (despite Defendant’s disagreement), triggered the relevant parties’ duty to preserve. [read post]
12 Oct 2010, 10:00 pm
For the third straight year, sizeable portions of survey respondents report increases in multi-plaintiff cases: 18% report increases in wage and hour disputes (FLSA) 11% report a rise in traditional labor union related matters 10% report an increase in age discrimination cases 7% report rises in race discrimination suits and ERISA suits 6% report rises in sex discrimination suits and disability discrimination suits. [read post]
16 Jul 2019, 5:46 am
She then filed an ERISA lawsuit in the U.S. [read post]
21 Dec 2021, 11:43 am
Because of this, you do not get a jury trial with an ERISA claim. [read post]
3 Jun 2014, 7:15 am
Aetna Life Insurance Company 13-130Issue: (1) Whether an Employee Retirement Income Security Act (ERISA) plan may enforce an equitable lien by agreement under Section 502(a)(3) of ERISA where it has not identified a particular fund that is in the defendant’s possession and control at the time the Plan asserts its equitable lien; and (2) whether a discretionary clause in an ERISA plan mandating that an abuse-of-discretion standard of judicial review be applied… [read post]
11 Aug 2011, 1:02 am
The parties to the related-ERISA class action previously settled that action for $43 million, as discussed at greater length here. [read post]
16 Feb 2017, 3:01 pm
Stamer has worked closely with health industry, managed care and insurance and other businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of staffing, human resources and workforce performance management, internal controls and regulatory compliance, change management and other performance and operations management and compliance. [read post]
20 Jun 2011, 6:45 pm
So too in an Enron-style ERISA cases alleging imprudent investment in an employer's stock. [read post]
26 Feb 2015, 12:22 pm
It did so using classification factors from an ERISA case decided by the U.S. [read post]
24 Jul 2023, 2:47 pm
The Plaintiff’s Medical History and Claim History Mr. [read post]
17 Aug 2007, 6:01 am
Four leading high court advocates offered candid views on a variety of topics, including how it feels to have Justice Scalia all over you "like a cheap suit," why it's Justice Kennedy's world and we all just live in it -- and which cases to watch for next term. [read post]
7 Aug 2010, 10:43 am
Plaintiff also represents and certifies that he has received full payment for all hours worked while employed by Defendant, including overtime hours, bonuses and vacation pay, and has received all benefits and leaves available or requested under the Family Medical Leave Act. [read post]
24 Jan 2022, 1:24 pm
The case is one in a lengthening series, all involving class actions in which employees challenge the actions of corporate insiders managing defined-contribution plans governed by the Employee Retirement Income Security Act. [read post]
