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D.C. Circuit: District Court Retains Jurisdiction to Enforce Permanent Injunction Against Employer and Retirement Plan
On June 24, 2022, in a short unpublished opinion, the D.C. Circuit Court of Appeals decided Kifafi v. Hilton Hotels Retirement Plan, et al., No. 21-7025, 2022 WL 2280296 (D.C.…
Sixth Circuit: 401(k) Plan Fiduciaries Did Not Breach Duties by Offering Actively Managed Mutual Funds
In Smith v. CommonSpirit Health, No. 21-5964, __F.4th__, 2022 WL 2207557 (6th Cir. June 21, 2022), Plaintiff-Appellant Yosaun Smith, on behalf of herself and other 401(k) plan participants, brought an…
Fifth Circuit Enforces Pre-Existing Condition Exclusion in Long-Term Disability Policy Despite Employer’s Misrepresentations
In Bunner v. Dearborn Nat’l Life Ins. Co., No. 21-20327, __F.4th__, 2022 WL 2156227 (5th Cir. June 15, 2022), Plaintiff-Appellant Lisa Bunner appealed from the district court’s grant of judgment…
Ninth Circuit Affirms Sun Life’s Denial of Doctor’s Long-Term Disability Benefit Claim
In Amoroso v. Sun Life Assurance Company of Canada, No. 21-35801, 2022 WL 2115117 (9th Cir. June 13, 2022), the Ninth Circuit considered whether Plaintiff-Appellant Dr. Paul Amoroso was entitled…
Ninth Circuit Affirms Denial of Air Ambulance Transportation Claim for Lack of Medical Necessity
In Cont’l Med. Transp. LLC v. Health Care Serv. Corp., No. 21-35481, 2022 WL 2045385 (9th Cir. June 7, 2022), Plaintiff-Appellant Continental Medical Transport LLC, d/b/a Jet Rescue (“Jet Rescue”)…
Second Circuit: Insurer’s Failure to Render Timely Benefit Determination Gives Claimant Right to File a Lawsuit under ERISA
In McQuillin v. Hartford Life & Accident Ins. Co., No. 21-1514, __F.4th__, 2022 WL 2029879 (2d Cir. June 7, 2022), the Second Circuit considered whether a claimant is deemed to…
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