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1 Aug 2017, 9:27 am
Even when plaintiffs win ERISA disability lawsuits, their attorney’s fees can cut into their awards. [read post]
17 Jan 2011, 2:53 pm
Point #1: Not all ERISA Plaintiffs are required to exhaust administrative remedies prior to filing suit. [read post]
15 Nov 2016, 8:07 am
Continue reading → The post What Scope of Discovery is Available to ERISA Plaintiffs in the Sixth Circuit? [read post]
15 Nov 2016, 8:07 am
Continue reading → The post What Scope of Discovery is Available to ERISA Plaintiffs in the Sixth Circuit? [read post]
15 Mar 2021, 6:33 pm
Below are several important ERISA cases that can help Plaintiff’s lawyers attack a denial of long-term disability benefits: Calvert v. [read post]
6 Mar 2016, 4:07 am
Attorneys handling ERISA claims can tell you that the ERISA plan wants back all the money they spend on their beneficiary's claim. [read post]
7 Mar 2012, 8:42 am
All three cases claim that Cigna wrongfully denied the Plaintiffs their deserved long-term disability benefit payments as defined by their respective plans. [read post]
23 Aug 2016, 1:32 am
Therefore, Plaintiff A can take her case all the way to a jury decision by merely showing that there is a triable issue as to whether she suffers from a disability as defined in her policy. [read post]
21 Apr 2022, 10:17 am
Plaintiffs cannot recover punitive damages or damages for pain and suffering. [read post]
22 Dec 2010, 8:31 am
National Education Association out of the Ninth Circuit, can be found here, and for the ERISA practitioner, it may be more significant for its detailed analysis of the government plan exemption in ERISA than for its conclusion that the plaintiffs had overreached by relying on ERISA rather than the securities law to proceed with their case. [read post]
20 Feb 2012, 2:29 am
In all four cases that were filed via the respective disability lawyers, Unum is accused of refusing to pay the Plaintiffs' long-term disability claims under their respective plans. [read post]
14 Jun 2016, 6:11 am
ERISA contains a preemption clause that expressly preempts all State laws that relate to any employee benefit plan. [read post]
28 Feb 2022, 10:17 am
This decision reaffirms that the Employee Retirement Income Security Act’s (ERISA) fiduciary duty of prudence requires continuous monitoring of all investment options under a plan, especially when lower-cost share classes are available for funds. [read post]
14 Nov 2012, 6:50 am
Finally, the court ruled that even though the program might not satisfy all of the ERISA requirements at the time Dr. [read post]
6 May 2014, 3:04 pm
This is because, in general, breaches of fiduciary duty related to an ERISA plan affect all participants and beneficiaries in the same manner, which renders the ERISA violation at issue common to all members of a proposed class. [read post]
20 Aug 2015, 5:41 am
She requested a trial by jury on all of her claims. [read post]
27 Mar 2008, 1:34 pm
It involves the interrelations between family law, ERISA, and most of all, civil procedure. [read post]
21 Apr 2009, 5:26 am
All those claims were preempted by ERISA because they were premised upon a theory of wrongful denial of benefits. [read post]
12 Nov 2024, 9:29 am
Timeline for Filing a Lawsuit After an ERISA Claim Denial In most cases, you must go through all administrative options regarding an ERISA claim before you can file a lawsuit in the matter. [read post]
26 Mar 2025, 9:47 am
Ouch, is all I could think to say after reading the First Circuit’s latest decision on ERISA preemption, Cannon v. [read post]
