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Second Circuit Finds Disney Could Deny Severance Plan Benefits to Employee Terminated Due to Disability
In Soto v. Disney Severance Pay Plan, No. 20-4081, __F.4th__, 2022 WL 468126 (2d Cir. Feb. 16, 2022), after Plaintiff-Appellant Nancy J. Soto suffered a stroke and became unable to…
Eighth Circuit Upholds Insurer’s Right to Reimbursement of Medical Expenses Despite Its Failure to Pursue Its Claims in Subrogation
In Vercellino v. Optum Insight, Inc., No. 20-3524, __F.4th__, 2022 WL 433036 (8th Cir. Feb. 14, 2022), the Eighth Circuit Court of Appeals considered whether an ERISA health plan’s insurer…
First Circuit Revives ERISA Claims Against Health Benefit Plan for Alleged Violation of Mental Health Parity Act
Yesterday, the First Circuit Court of Appeals decided N.R. v. Raytheon Company, et al., No. 20-1639, __F.4th__, 2022 WL 278537 (1st Cir. Jan. 31, 2022). Plaintiffs S.R. and T.R., on…
First Circuit Finds Union Dispute with Employer Over 401(k) Plan Matching to Be Arbitrable Under CBA
In Johnson Controls Security Solutions, LLC v. International Brotherhood of Electrical Workers, Local 103, No. 21-1460, _F.4th_, 2022 WL 262963 (1st Cir. Jan. 28, 2022), the First Circuit reversed the…
Second Circuit Rules Against Teamsters Retirement Fund in Claim for Withdrawal Liability Owed by Bankrupt Retail Grocery Operation
In New York State Teamsters Conf. Pension & Ret. Fund v. C & S Wholesale Grocers, Inc., No. 20-1185-CV, __F.4th__, 2022 WL 244144 (2d Cir. Jan. 27, 2022), a dispute…
Second Court: District Court Did Not Err Denying Leave to Amend ERISA Complaint Due to Failure to Exhaust Administrative Remedies
In Ruderman v. Liberty Mutual Group, Inc., et al., No. 21-817, 2022 WL 244086 (2d Cir. Jan. 27, 2022), Plaintiff-Appellant Jennifer Ruderman filed state law claims against Liberty Mutual for…
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