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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]
24 Mar 2011, 1:03 am
First of all, it is not true. [read post]
8 Oct 2009, 5:57 am
You got to admit it, you get a little excited when you see a complaint come in and it deals with that provocative statute on steroids.In fact I'll go so far as to say that an ERISA case is nearly as exciting as a social security appeal -- minus all the sexiness and bodice-ripping drama.I mean, where else can you find this kind of forceful, thrilling, even daring argument:Plaintiffs' ERISA claims (Counts 1 through 3) must be dismissed for their failure to exhaust… [read post]
21 Jul 2020, 8:51 pm
We have extensive experience handling long-term disability claim denials under both ERISA and non-ERISA cases. [read post]
8 Aug 2007, 9:01 pm
Gardner, 480 F.3d 140 (2d Cir. 2007), which addresses the all important issue of what is a pension plan under ERISA? [read post]
3 Oct 2008, 12:36 pm
The class action plaintiffs sought production of all documents given to the SEC or other regulatory agencies with regard to market timing or late trading; defendants withheld 36,000 pages, asserting the attorney-client privilege and/or work product doctrine. [read post]
26 Feb 2017, 6:18 pm
It is not easy to challenge an insurer’s denial of benefits in an ERISA disability case. [read post]
26 Feb 2017, 6:18 pm
It is not easy to challenge an insurer’s denial of benefits in an ERISA disability case. [read post]
1 Feb 2008, 2:09 pm
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]
11 Nov 2010, 6:17 am
A federal Court Judge recently ordered a Long Term Disability Insurance Plan to pay all of Plaintiff's (our client) attorney fees. [read post]
11 Nov 2010, 6:17 am
A federal Court Judge recently ordered a Long Term Disability Insurance Plan to pay all of Plaintiff's (our client) attorney fees. [read post]
11 May 2015, 11:54 am
Unfortunately, this has resulted in a situation where ERISA preempts all common law tort actions for bad faith insurance and, consequently, does not allow plaintiffs to collect extra-contractual or punitive damages on claims involving covered insurance plans. [read post]
24 Jul 2020, 2:27 pm
In an ERISA disability case in which a plaintiff is challenging a plan administrator’s denial of long-term disability benefits, a court can do one of three things: (1) It can uphold the plan administrator’s decision; (2) it can reverse the decision and award the plaintiff disability benefits; or, (3) it can order the plan administrator to re-evaluate the plaintiff’s disability claim. [read post]
5 Aug 2024, 11:33 am
”[xiii] Key Takeaways Post-Hughes Hughes, and its progeny, have underscored that there is no “one size fits all” approach to pleading an ERISA claim regarding excessive fees or the selection/retention of plan investment options. [read post]
6 Dec 2019, 8:31 am
Section 413(1) of ERISA gives plaintiffs six years after the end of the fiduciary breach, violation or omission. [read post]
17 Jun 2011, 10:16 am
In all three cases filed through the respective plaintiffs' disability attorney, Prudential was alleged to have wrongfully denied the respective plaintiffs their claim for long term disability (LTD) benefits. [read post]
28 Mar 2011, 11:13 am
Plaintiffs have presented evidence to support all of the needed facts to prove thatDefendant is liable. [read post]
4 Apr 2012, 6:18 am
It 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]
18 Jan 2005, 2:56 pm
Whether the parties requesting fees sought to benefit all plan participants and beneficiaries or sought to resolve a significant legal question regarding ERISA; and 5. [read post]
9 Nov 2011, 5:38 pm
Next, the Ninth Circuit evaluated whether ERISA preempts the plaintiffs’ statutory unfair insurance practice claim, considering both express preemption under ERISA § 514 (29 U.S.C. [read post]
