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11 Jun 2011, 8:44 am
Recently, four separate lawsuits were filed at the District Court level against the UNUM Life Insurance Company of America (UNUM) by plaintiffs all over the country. [read post]
1 May 2023, 3:49 pm
Throughout all areas of the law, plaintiffs’ lawyers operate on the belief that the availability of a jury is favorable to them, that they have a chance to win regardless of the strength of a particular case so long as they can just get to a jury (in other words, manage not to lose at the motion stage or be forced into a bench trial or an arbitration) and that the settlement value is higher if the defendant or its insurer has to contend with the vagaries of a jury. [read post]
26 Nov 2013, 11:09 am
Well, there are various reasons why one may move for discovery in a non-ERISA lawsuit but it all essentially comes down to being able to obtain all the evidence you can to prove your case. [read post]
30 Oct 2008, 12:31 am
One continuing theme in the posts on this blog is the replacement by plaintiffs’ class action firms of securities actions with ERISA breach of fiduciary duty actions in stock drop and similar type cases; the large class actions are brought on behalf of plan participants who hold company stock, often in an ESOP, against the plan fiduciaries. [read post]
24 Nov 2019, 10:00 pm
The Ninth Circuit subsequently reasoned that because, “No ERISA statute precludes courts from hearing objections not previously raised to the Plan, nor does any ERISA statute or regulation require claimants to identify all issues they wish to have considered on appeal,” ERISA does not require issue exhaustion. [read post]
25 Jan 2012, 6:29 am
Illinois, Eastern Division, January 18, 2012), the plaintiff, Cindy Curtis ("Curtis"), had brought suit under ERISA to recover long-term disability ("LTD") benefits. [read post]
23 Sep 2013, 2:49 am
ERISA applies to claimants whose medical bills are covered by employer-sponsored medical plans. [read post]
1 Dec 2010, 1:08 pm
Justice Alito then asked what a plaintiff or defendant would have to show if this were an individual action under (a)(3). [read post]
11 Oct 2010, 8:42 am
The World Series and Defending ERISA Litigation, two things that are synonymous with New York, New York in October. [read post]
9 Dec 2013, 7:16 am
The aim of ERISA is to make the plaintiffs whole, but not to give them a windfall. [read post]
18 Mar 2020, 9:42 am
The Court disagreed and determined that all of McKennon Law Group PC’s pre-filing efforts were in direct pursuance of the litigation and were, thus, recoverable. [read post]
20 Mar 2020, 8:12 am
The Court disagreed and determined that all of McKennon Law Group PC’s pre-filing efforts were in direct pursuance of the litigation and were, thus, recoverable. [read post]
13 Dec 2011, 3:24 am
In all three cases filed by Michigan disability attorneys, Liberty is alleged of wrongfully denying the claims of all Plaintiffs for long-term disability (LTD) benefits. [read post]
19 Jun 2023, 10:30 pm
ERISA Claims and Litigation Resource Kit See all of our Practical Guidance documents on ERISA claims and litigation by referencing our ERISA Claims and Litigation Resource Kit. [read post]
24 Jan 2012, 6:07 am
This suit ensued under ERISA. [read post]
27 May 2015, 7:52 am
In ruling for the plaintiff, the federal court made two important findings in response to Prudential’s claims and the time for filing an ERISA disability lawsuit. [read post]
31 Jul 2007, 8:10 am
The Court first stated the governing standard in the First Circuit on this issue, which is that: in an ERISA case, a prevailing plaintiff does not, merely by prevailing, create a presumption that he or she is entitled to a fee-shifting award [and there is no] creation of a presumption in favor of prevailing defendants. [read post]
17 Jul 2017, 9:50 am
The RICO statute states that a plaintiff may not rely upon conduct actionable as fraud to establish RICO liability, and the release clause effected a waiver of all claims other than securities fraud. [read post]
29 Feb 2012, 4:50 am
Due to exhausting all administrative appeals, Plaintiff has filed this lawsuit against Aetna. [read post]
30 Jul 2012, 6:20 am
., No. 10-1136 (7th Cir. 2012), the plaintiff, Dr. [read post]
