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19 Nov 2011, 3:40 am
There is no good reason such rules should not apply to ERISA subrogation interests as well. [read post]
19 Sep 2017, 3:55 pm
Post-Tibble, plaintiffs’ lawyers have been careful to devise allegations of wrongdoing that have allegedly occurred for several years, but always within the six year statute of limitations under ERISA. [read post]
8 Dec 2015, 6:15 am
The Supreme Court held that the plaintiff had waived all of its defenses to the validity of a loan by the Defendant. [read post]
15 May 2015, 1:35 pm
But that is not at all what happened here to our client. [read post]
15 May 2015, 9:35 am
But that is not at all what happened here to our client. [read post]
13 Oct 2009, 6:42 am
The fact that they are ERISA claims is usually all bad for our clients as the law in this area has a number of inherent anti-claimant aspects. [read post]
18 Dec 2024, 11:32 am
So two stories today give me a soapbox to address one aspect of ERISA class action litigation and the push back from plan sponsors and their fiduciary liability insurers against the costs imposed on them by this line of litigation. [read post]
22 Nov 2023, 6:15 pm
Plaintiffs, former Morgan Stanley financial advisors, sued Morgan Stanley asserting that Morgan Stanley violated the Employee Retirement Income Security Act of 1974 (“ERISA”) by not paying Plaintiffs all of their deferred compensation when they resigned from Morgan Stanley, and Morgan Stanley moved to compel arbitration on June 29, 2022. [read post]
15 Apr 2021, 7:32 am
” That’s all for this week. [read post]
7 Apr 2020, 10:15 am
As “Plaintiff correctly points out, it would be an abuse of discretion for the Court to fail to consider Plaintiff’s subjective account of pain. [read post]
27 Jan 2014, 7:33 am
I had the distinct pleasure at an ERISA litigation conference recently of listening to a leading plaintiffs’ lawyer and a leading defense lawyer, who were both representing parties on opposite sides in class actions concerning whether benefit plans were actually church plans for purposes of ERISA, square off over the issue. [read post]
30 Nov 2012, 5:54 am
Raybourne exhausted all administrative remedies to have the benefits resume, and then sued the Plan for benefits under section 502(a)(1)(B) of ERISA. [read post]
16 Apr 2013, 6:36 pm
As a lawyer who represents plaintiffs in personal injury and wrongful death litigation, we see more and more greed by those with subrogation interests. [read post]
22 Dec 2017, 11:03 am
The only issue before the court was whether or not the Reliance disability plan under which plaintiff Roxy Hariri claimed to be covered was a governmental plan and therefore exempt from ERISA law or whether ERISA provisions preempted California state law. [read post]
27 Feb 2024, 5:41 am
The Plan argued that because 45 days had not passed since it received plaintiff’s mailed appeal, its notice to plaintiff that it needed additional time to issue a decision did not violate the ERISA requirement. [read post]
1 Dec 2023, 8:31 am
All other alleged breaches occurred in 2021. [read post]
12 May 2014, 4:12 am
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]
14 Dec 2011, 9:48 am
Plaintiff was insured under an ERISA-governed employee welfare benefit plan that included medical coverage. [read post]
26 Jun 2015, 2:22 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]
