Search for: "All ERISA Plaintiffs "
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20 Jan 2011, 2:20 pm
An ERISA Plaintiff cannot seek individual monetary damages for a Plan Administrator’s breach of fiduciary duty to the plan. [read post]
26 Feb 2016, 9:04 am
Until then, the uncertainty creates an environment where all parties may do well to compromise. [read post]
10 Sep 2012, 4:28 pm
The plaintiff sued his former employer for retaliatory discharge, alleging that the company had fired him in violation of ERISA’s anti-retaliation provision, Section 510. [read post]
7 Mar 2011, 1:51 am
Hamilton ruled that there was no violation of the Parity Act: In particular, the Parity Act does not require that insurers cover residential treatment,and does not require coverage for all "medically necessary health care service," as plaintiffs claim. [read post]
23 Nov 2011, 3:32 am
Recently, two different lawsuits were filed under the Employee Retirement Income Security Act (ERISA) against the Principal Insurance Company of America. [read post]
11 Nov 2015, 9:44 am
The reason that such a mundane question is difficult is that ERISA provides a detailed set of remedies for ERISA plans and generally preempts all other remedies. [read post]
30 Nov 2016, 1:01 pm
Administrative appeals are tricky, especially in ERISA cases. [read post]
30 Nov 2016, 1:01 pm
Administrative appeals are tricky, especially in ERISA cases. [read post]
28 Jun 2012, 6:14 am
Supreme Court will decide whether an employer’s offer of judgment to satisfy all claims of a lone named plaintiff in a putative collective action wage suit renders the case moot — and thus beyond the power of Article III courts. [read post]
2 Mar 2020, 6:22 am
Intel’s position was that the ERISA disclosures gave the plaintiff “actual knowledge” of all information necessary to challenge the Intel plans’ investments. [read post]
14 Oct 2015, 9:35 am
To bar the courthouse door to claims where the plaintiff cannot actually plead a factual basis for all of the elements of a claim? [read post]
29 Sep 2021, 10:15 am
Plaintiffs alleged that termination of the NetApp Executive Medical Retirement Plan violated ERISA because plaintiffs, who were plan participants, had been promised lifetime benefits. [read post]
21 Apr 2023, 4:44 pm
Because he had been paying the premiums on the policies and had not been notified of the termination of his coverage under the policy, plaintiff filed a lawsuit asserting ERISA claims against Hirschvogel and the insurer for breach of fiduciary duties under Section 1132(a)(3) of ERISA (which acts as a catch-all provision to cover claims not covered in other ERISA provisions), and against the insurer to recover benefits due under the policy. [read post]
23 Aug 2019, 6:22 am
So, given all that, can the employer or plan require arbitration of ERISA claims? [read post]
26 Jun 2015, 6:22 am
In Templin, plaintiffs brought claims under ERISA based on the refusal of the defendants/insurance companies to honor claims for payment of blood-clotting-factor products. [read post]
17 Jan 2008, 7:28 am
I tell people all the time that there is almost no such thing as a simple answer to an ERISA related question, or at least no such thing as a straightforward answer. [read post]
6 Dec 2018, 7:04 am
ERISA “supersede[s] any all State laws insofar as they may now or hereafter relate to any employee benefit plan”. [read post]
9 Jun 2012, 6:07 am
Disability Blog & Cases: California Court denies Plaintiff’s Attempt to Introduce New Medical Information During ERISA Disability Lawsuit Against Hartford for Long Term Disability Benefits One of the largest obstacles facing an insured in bringing a lawsuit against a disability insurance company for benefits under an ERISA governed group disability policy is the inability to add additional information, in most cases medical information, to the administrative… [read post]
27 Jul 2012, 8:27 am
The end result is that a plaintiff would not be able to recover at all – or even have any viable causes of action – against the defendant. [read post]
6 Jan 2010, 5:47 am
This part of the test is satisfied if two requirements are met: (1) the plaintiff’s claim must fall within the scope of ERISA; and (2) the plaintiff must have standing to sue under ERISA.... [read post]
