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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On June 24, 2022, in a short unpublished opinion, the D.C. Circuit Court of Appeals decided Kifafi v. Hilton Hotels Retirement Plan, et al., No. 21-7025, 2022 WL 2280296 (D.C.…

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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…

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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…

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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…

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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”)…

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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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