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Sixth Circuit Upholds Application of Probate Exception to Medical Plan’s ERISA Suit Seeking Equitable Lien on Settlement Proceeds
American Electric Power Service Corporation v. John K. Fitch et al., No. 22-3005, 2022 WL 3794841 (6th Cir. Aug. 30, 2022) (Before: Guy, Moore, and Clay, Circuit Judges). American Electric…
Eighth Circuit Holds ERISA Does Not Preempt State Law Claims Against Recipient of ERISA Benefits
Gelschus v. Hogen, No. 21-3453, __F.4th__, 2022 WL 3712312 (8th Cir. Aug. 29, 2022) involves a scenario which occurs more often than it should: a couple divorces, they agree to…
Seventh Circuit Upholds Dismissal of ERISA Claims Against Oshkosh Corporation for Alleged Mismanagement of Retirement Plan
Albert v. Oshkosh Corp., No. 21-2789, __F.4th__, 2022 WL 3714638 (7th Cir. Aug. 29, 2022) involves several ERISA claims brought by Andrew Albert against his former employer, a subsidiary of…
Eleventh Circuit Finds ERISA Lawsuit Time-Barred Based on Benefit Plan’s Contractual Limitations Period
In Bakos v. Unum Life Insurance Company of America, No. 22-11131, 2022 WL 3696648 (11th Cir. Aug. 25, 2022), a dispute over long-term disability benefits, the Eleventh Circuit affirmed the…
Ninth Circuit Affirms Award of AD&D Benefits for Death Caused by Drunk and Reckless Driving
Wolf v. Life Insurance Company of North America, No. 21-35485, __F.4th__, 2022 WL 3652966 (9th Cir. Aug. 25, 2022) involves a dispute over the payment of accidental death and dismemberment…
Second Circuit Holds Government Can Garnish ERISA-protected 401(k) Accounts for Restitution under MVRA
In United States v. Shkreli, No. 21-993, __F.4th__, 2022 WL 3640279 (2d Cir. Aug. 24, 2022), Defendant-Appellant Evan Greebel, co-conspirator of Martin Shkreli, was ordered to pay over ten million…
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