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Ninth Circuit Affirms Denial of ERISA Attorneys’ Fees to Plaintiff Who Achieved a Remand to the Plan Administrator but Did Not Prevail After the Remand

Plaintiff-Appellant Michael Alves challenged Sedgwick’s termination of his short-term disability benefits and denial of his application for long-term disability benefits under the Hewlett-Packard Comprehensive Welfare Benefits Plan. The district court,…

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District Court Finds AT&T Self-Funded Disability Plan Abused Its Discretion In Denying Software Engineer’s Long-Term Disability Claim

In a firm victory, Chacko v. AT&T Umbrella Benefit Plan No. 3, No. 2:19-CV-01837-DAD-DB, __F.Supp.3d__, 2023 WL 5806455 (E.D. Cal. Sept. 7, 2023), expertly litigated by our own Michelle Roberts,…

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Departing from Prior Panel Decisions, Fourth Circuit Holds Surcharge Remedy Is Not Equitable Relief Available under ERISA

In Rose v. PSA Airlines, Inc., No. 21-2207, __F.4th__, 2023 WL 5839282 (4th Cir. Sept. 12, 2023), a dispute involving the wrongful denial of a health insurance claim, the Fourth…

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District Court Denies Plaintiff Ongoing ERISA Disability Benefits for Failure to Provide Proof of Loss

In Card v. Principal Life Insurance Company, No. CV 5:15-139-KKC, 2023 WL 5706202 (E.D. Ky. Sept. 5, 2023), Kentucky Eastern District Judge Karen Caldwell granted judgment in part to Plaintiff…

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Tenth Circuit Adopts Eighth Circuit Pleading Standard for ERISA Breach of Fiduciary Cases Alleging Imprudent Investments

In Matney v. Barrick Gold of N. Am., No. 22-4045, __F.4th__, 2023 WL 5731996 (10th Cir. Sept. 6, 2023), a putative class action against Barrick Gold of North America, its Board,…

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District Court Finds Choice of Law Provision in AD&D Policy Trumps California Law Banning Discretionary Authority in Life Insurance Policies

In White v. Guardian Life Insurance Company, et al., No. 22-CV-1788-L-KSC, 2023 WL 5519315 (S.D. Cal. Aug. 25, 2023), California Southern District Judge M. James Lorenz denied Plaintiff’s motion to…

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