Latest Blog Posts
Your ERISA Long-Term Disability Claim Was Denied. Should You Handle the Appeal Yourself?
When an ERISA long-term disability (LTD) claim is denied, most people assume the insurance company simply needs more information. They think: “I’ll just send updated records.” “My doctor can write…
Fifth Circuit Holds Plan May Compel Arbitration of ERISA § 502(a)(2) Claim but Invalidates Representative-Action Waiver
In Parrott v. International Bancshares Corporation, et al., No. 25-50367, ---F.4th----, 2026 WL 364324 (5th Cir. Feb. 10, 2026), the Fifth Circuit addressed whether an ERISA plan can compel arbitration…
Second Circuit Affirms Denial of Residential Mental Health Treatment and Limits Reach of Wit Under Arbitrary-and-Capricious Review
In Savage v. Rabobank Med. Plan, No. 24-2759-CV, 2026 WL 303600 (2d Cir. Feb. 5, 2026), the Second Circuit affirmed summary judgment in favor of an ERISA medical plan, holding…
Second Circuit Affirms Retiree’s Right to Pursue Plan Reformation and Litigate Representative ERISA Claims Despite Arbitration Agreement
In Duke v. Luxottica U.S. Holdings Corp., No. 24-3207, ---F.4th----, 2026 WL 303549 (2d Cir. Feb. 5, 2026), the Second Circuit issued a wide-ranging ERISA decision addressing appellate jurisdiction in…
Northern District of California Vacates Prior Remedies and Enters Sweeping Injunctive Relief Against United Behavioral Health for Fiduciary Breaches in Guideline Development
In Wit v. United Behavioral Health, No. 14-CV-02346-JCS, 2026 WL 290352 (N.D. Cal. Feb. 3, 2026), the Northern District of California issued an amended remedies order in this long-running litigation,…
N.D. Georgia Holds ERISA § 502(a)(3) Claim Duplicative of Benefits Claim and Finds Negligent Misrepresentation Claim Preempted
In Atkins v. The Prudential Insurance Company of America, No. 1:25-CV-2912-TWT, 2026 WL 280492 (N.D. Ga. Feb. 3, 2026), and ERISA life insurance dispute, the plaintiff—acting as the surviving spouse and…
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