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15 Mar 2021, 6:33 pm by Matt Pulle
Below are several important ERISA cases that can help Plaintiff’s lawyers attack a denial of long-term disability benefits: Calvert v. [read post]
15 Nov 2016, 8:07 am by Matt Pulle
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 by Matt Pulle
Continue reading → The post What Scope of Discovery is Available to ERISA Plaintiffs in the Sixth Circuit? [read post]
27 May 2020, 8:49 pm by Robert McKennon
The post Discovery in De Novo Review ERISA Cases: Court Grants Plaintiff’s Request for Bias Discovery Concerning Paper Reviewing Consultants appeared first on McKennon Law Group. [read post]
18 May 2020, 10:29 pm by Robert McKennon
The post Discovery in De Novo Review ERISA Cases: Court Grants Plaintiff’s Request for Bias Discovery Concerning Paper Reviewing Consultants appeared first on McKennon Law Group. [read post]
23 Jul 2012, 7:28 am by Stanley D. Baum
In analyzing the case, the Sixth Circuit Court of Appeals (the "Court") ruled that the plaintiff could not seek recovery under section 502(a)(2) of ERISA. [read post]
23 Aug 2016, 1:32 am by Matt Pulle
 Consider, for example, two plaintiffs who have the same occupation and suffer from the exact same disability, only Plaintiff “A” has an employer-provided plan governed by the Employee Retirement Income Security Act (ERISA), while Plaintiff “B” has an individual long-term disability policy. [read post]
19 Oct 2011, 7:23 am by Stanley D. Baum
Kentucky 2011), the plaintiff claimed to be a beneficiary of her spouse's pension benefits under a plan subject to ERISA. [read post]
7 Aug 2007, 6:49 am
DeWolff, Boberg, the ERISA remedies case pending before the Supreme Court, has filed a brief in opposition to the defendant's claim that the case is now moot because the plaintiff cashed out his 401(k) account.... [read post]
22 Dec 2010, 8:31 am by Stephen D. Rosenberg
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]
14 Jun 2016, 6:11 am by Mark S. Humphreys
ERISA lawyers in the Dallas / Fort Worth can tell you how powerful ERISA is and that the rules governing ERISA plans pre-empt State rules governing insurance. [read post]
28 Feb 2022, 10:17 am by Greg Daugherty and Rich Helmreich
While that holding provides a clear instruction to ERISA fiduciaries, what remains unanswered is the standard that plaintiffs must satisfy in their pleadings to survive a motion to dismiss. [read post]
5 Jun 2008, 1:29 pm
The Court finds that plaintiffs’ claims against Hillyer do not fall within the scope of ERISA § 502(a) because they do not implicate a relationship governed by ERISA and because their resolution does not require interpretation of an ERISA plan. [read post]
19 Jan 2011, 6:48 am by Stanley D. Baum
The plaintiff then sued the Plan and its trustees, on the grounds that his benefits had vested, so that the amendment violated ERISA. [read post]
3 May 2018, 10:05 am by Jennifer Danish
Apr. 27, 2018) ordered an unsuccessful plaintiff to pay the defendant attorneys’ fees and costs, because the plaintiff pursued a cause of action not generally recognized as available under ERISA. [read post]
21 Apr 2022, 10:17 am by Evan Schwartz
Plaintiffs cannot recover punitive damages or damages for pain and suffering. [read post]
31 Dec 2015, 5:57 am by Mark S. Humphreys
Through his employer, plaintiff Joe Hollingshead participated in a self-funded ERISA benefit plan with Aetna as the Plain's claims administrator. [read post]