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High Court Reaffirms ERISA Plan Fiduciary Duty to Monitor Plan Options and Remove Imprudent Ones
Yesterday, the U.S. Supreme Court decided Hughes v. Nw. Univ., No. 19-1401, __S.Ct.__, 2022 WL 199351 (U.S. Jan. 24, 2022), with the opinion for the unanimous Court delivered by Justice Sotomayor…
Ninth Circuit Revives ERISA Claims Brought by Assignee of Healthcare Provider
In ABC Services Group, Inc. v. Aetna Health and Life Insurance Company; et al., No. 20-55821, 2022 WL 187849 (9th Cir. Jan. 20, 2022) (Before: Kleinfeld, R. Nelson, VanDyke, Circuit…
Eleventh Circuit Affirms Denial of Untimely Post-Judgment Motion for New Trial
In Clark v. IBM, No. 21-13181, 2022 WL 176136 (11th Cir. Jan. 20, 2022), a suit involving a claim for ERISA-governed benefits, the district court dismissed Plaintiff-Appellant Blondell Garner Clark’s…
Second Circuit: Pension Plan’s Amendment Reducing Benefits Applies to Pensioner Who Submitted Claim for Disability Pension Before Amendment Effective Date
Cannady v. Bd. of Trustees of the Boilermaker-Blacksmith Nat’l Pension Tr., Boilermaker-Blacksmith Nat’l Pension Tr., No. 20-3141-CV, 2022 WL 151298 (2d Cir. Jan. 18, 2022) involves a dispute over the…
Ninth Circuit Holds Assignee of Bankrupt Healthcare Provider’s Health Benefit Claims Has Derivative Standing to Sue under ERISA
Bristol SL Holdings, Inc. v. Cigna Health & Life Ins. Co., No. 20-56122, __F.4th__, 2022 WL 129139 (9th Cir. Jan. 14, 2022) involves a dispute between Sure Haven, a now bankrupt…
In Disability Benefit Dispute, Second Circuit Affirms Ability to Take Public Ground Transportation Is Not a Material Duty of Manager of Bond Salesmen
In Milano v. Provident Life & Casualty Insurance Company, et al., No. 21-97-CV, 2022 WL 103314 (2d Cir. Jan. 11, 2022), Plaintiff-Appellant Alfred Derf Milano appealed the district court’s judgment…
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