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Third Circuit: Reliance Standard’s Irregular Request for Outside Medical Reports to Deny Disability Claim Is an Abuse of Discretion

Yesterday, the Third Circuit Court of Appeals issued its decision in Noga v. Fulton Financial Corporation Employee Benefit Plan; Reliance Standard Life Insurance Company, No. 19-3855, __F.4th__, 2021 WL 5540848…

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Eighth Circuit Holds ERISA Does Not Preempt North Dakota Laws Regulating Pharmacy Benefits Managers

Pharm. Care Mgmt. Ass’n v. Wehbi, No. 18-2926, __F.4th__, 2021 WL 5355916 (8th Cir. Nov. 17, 2021) (Before Smith, Chief Judge, Gruender and Benton, Circuit Judges). On remand from the…

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First Circuit: ERISA’s 2002 Regulations Give Disability Claimants Chance to Respond to New Evidence Generated During Administrative Review

Yesterday, in Jette v. United of Omaha Life Ins. Co., No. 20-1713, __F.4th__, 2021 WL 5231971 (1st Cir. Nov. 10, 2021), a case involving a long-term disability claim, the Sixth…

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Seventh Circuit Affirms Unum’s Termination of Long-Term Disability Benefits Based Substantially on Paper Reviews

In Feeney v. Unum Life Insurance Company of America, No. 20-1685, 2021 WL 5102780 (7th Cir. Nov. 3, 2021), Plaintiff-Appellant Arthur Feeney appealed the district court’s grant of Unum Life…

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Sixth Circuit: District Courts Retain Jurisdiction Over an ERISA Suit That Has Been Remanded to the Plan Administrator

Yesterday, in Card v. Principal Life Ins. Co., No. 20-6217, __F.4th__, 2021 WL 5074692 (6th Cir. Nov. 2, 2021), a case involving denied claims for disability benefits under an ERISA-governed…

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Ninth Circuit Affirms Attorneys’ Fee Award to ERISA Welfare Plan in Dispute Brought by Health Care Providers

In Almont Ambulatory Surgery Center, LLC v. International Longshoremen’s and Warehousemen’s Union-Pacific Maritime Association Welfare Plan, No. 20-55464, 2021 WL 5002216 (9th Cir. Oct. 28, 2021), Plaintiffs-Appellants appealed the district…

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