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6 Jun 2019, 10:07 am
Subject to a few statutory exemptions, ERISA expressly preempts all state laws that “relate to” any employee benefit plan. [read post]
14 Jun 2012, 8:52 am
The Sixth Circuit pointed to Supreme Court precedent construing the preemptive scope of ERISA broadly and held that all of these claims were preempted, precluding any recovery by the trustee. [read post]
17 Oct 2021, 3:26 pm
All of the employees received a handbook which included that all employment related disputes were to be adjudicated in arbitration. [read post]
30 Nov 2009, 8:05 am
I leave you all with the exciting world of ERISA/employee benefits and how the Iqbal/Twombley plausibility standard is impacting that part of the legal world. [read post]
19 Mar 2015, 6:05 am
Accordingly, plaintiffs should be able to sustain separate claims under ERISA Section 502(a)(3) only when they can prove separate claims that are not remedied by claims under ERISA Section 502(a)(1)(B) for benefits due. [read post]
9 Jun 2023, 7:12 pm
In Morris, the group insurer, Aetna, of the employer’s long-term disability plan negligently miscalculated the employee plaintiff Morris’ monthly LTD benefit, overstating it by hundreds of dollars per month. [read post]
9 Jun 2023, 7:12 pm
In Morris, the group insurer, Aetna, of the employer’s long-term disability plan negligently miscalculated the employee plaintiff Morris’ monthly LTD benefit, overstating it by hundreds of dollars per month. [read post]
26 Aug 2013, 8:14 am
I can’t say enough about the Court’s analysis of each one of these issues, particularly if, like me, you have been carefully reading all of the ERISA decisions out of the First Circuit and the district courts in this circuit over the past decade or more. [read post]
8 May 2014, 12:28 pm
MD 2009) (plaintiff was not a full-time employee and was not eligible for benefits under the plan terms; plaintiff rejected a forty hour per week full-time schedule on more than one occasion and seems to have understood that this decision disqualified her for benefits); Pine v. [read post]
17 Dec 2013, 10:39 am
” By placing boundaries on the appeal and litigation process, ERISA and the plan terms can control the extent to which one participant’s choices can drive up costs for all the other participants. [read post]
7 Mar 2022, 6:56 am
” In that instance, the court held, Plaintiff ‘s pleading does not state a colorable claim to vested benefits [under ERISA]. [read post]
28 Jan 2019, 2:00 am
The ERISA’s preemption clause provides that ERISA “shall supersede any and all state laws insofar as they may now or hereafter relate to any employee benefit plan. [read post]
19 Dec 2007, 12:23 pm
After all, talking about this stuff is how men bond. [read post]
14 Oct 2013, 2:08 pm
” There is nothing even approaching controlling law on this question, so all you fans of ERISA and insurance-related policy arguments should get ready for a very exciting morning. [read post]
11 Mar 2010, 6:14 pm
As required by ERISA, CIGNA gave notice to its employees. [read post]
5 Jan 2012, 6:40 am
Under ERISA, for purposes of computing withdrawal liability, all "trades or businesses" under "common control" are treated as constituting a single employer. [read post]
8 Jul 2013, 8:14 am
First, I have discussed over the years that ERISA, to a large extent, is based on a private attorney general approach to plan discipline. [read post]
22 May 2020, 5:52 am
The Plaintiff Wins The best scenario is if the court rules in your favor. [read post]
30 Apr 2008, 6:23 am
Plaintiff seeks injunctive relief under sections 502(a)(2) and 502(a)(3) of ERISA, and asserts that his intent is to prevent what happened to Mrs. [read post]
16 Dec 2009, 2:03 pm
The Court did not suggest that all tort claims are completely preempted by ERISA wherever there is an assignment of patient benefits, only that Plaintiffs’ claims in this case were so preempted under controlling Fifth Circuit law. [read post]
