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Seventh Circuit Affirms AT&T’s Denial of Short-Term Disability Benefits and Denies Defense’s Pro Hac Vice Fees as Non-Taxable Cost

The Seventh Circuit Court of Appeals recently decided Canter v. AT&T Umbrella Benefit Plan No. 3, No. 21-1514, 2022 WL 1485191 (7th Cir. May 11, 2022). In this case, Plaintiff-Appellant…

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Eighth Circuit: Life Insurer Breached ERISA Fiduciary Duties by Maintaining Faulty Enrollment System

In Skelton v. Radisson Hotel Bloomington, No. 21-2641, __F.4th__, 2022 WL 1434778 (8th Cir. May 6, 2022), Plaintiff-Appellee Corey Skelton sued his deceased wife’s employer, Davidson Hotels LLC, and its…

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Sixth Circuit Finds ERISA Section 502(a)(2) Claims Not Subject to Arbitration Provision in Employment Agreement

In Hawkins v. Cintas Corp., No. 21-3156, __F.4th__, 2022 WL 1236954 (6th Cir. Apr. 27, 2022), a case involving issues of first impression for the Sixth Circuit Court of Appeals,…

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Second Circuit: HHS Rule for Embedded Individual Out-of-Pocket Limits Does Not Apply to Pre-2016 Health Insurance Plans

In Fisher v. Aetna Life Ins. Co., No. 20-3148, __F.4th__, 2022 WL 1193999 (2d Cir. Apr. 22, 2022), the Second Circuit considered three separate but related appeals concerning Plaintiff-Appellant Jacqueline…

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Fourth Circuit Affirms District Court’s Award of Coverage for Surgery Because Claim Not Handled in ‘Fair-Minded’ Manner

In Garner v. Cent. States, Se. & Sw. Areas Health & Welfare Fund Active Plan, No. 21-1602, __F.4th__, 2022 WL 1160386 (4th Cir. Apr. 20, 2022), the Fourth Circuit affirmed…

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Ninth Circuit Revives ERISA Excessive Fees Suit Against Trader Joe’s Company

Just a week after reviving ERISA breach of fiduciary duty claims against Salesforce, the Ninth Circuit revived an excessive fees case against Trader Joe's Company in Kong, et al. v.…

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