Latest Blog Posts
ERISA Watch – Court Recognizes Disabling Impact of Fibromyalgia in Long Term Disability Case
This week's notable decision is out of the Seventh Circuit Court of Appeals in Kennedy v. The Lilly Extended Disability Plan, No. 16-2314, __F.3d__, 2017 WL 2178091 (7th Cir. May 18,…
ERISA Watch – California Ban on Discretion Is Not Preempted by ERISA
We are pleased to report this week’s notable decision, Orzechowski v. The Boeing Company Non-Union Long Term Disability Plan, No. 14-55919, __F.3d__, 2017 WL 1947883 (9th Cir. May 11, 2017),…
Eighth Circuit Court of Appeals Expands Rights for Long Term Disability Claimants
The past six years have witnessed significant developments in the remedies available under the Employee Retirement Income Security Act of 1974 (ERISA), a law once reputed to offer limited relief…
ERISA Watch – California Insurance Code Defeats Disability Policy’s Limitations Provision
This week’s notable decision is an awesome post-Heimeshoff contractual limitations case out of the great state of California: Gray v. United of Omaha Life Ins. Co., No. CV 16-7383 MWF…
ERISA Watch – Roberts Disability Law, P.C. Long Term Disability Claim Victory Against United of Omaha Life Insurance Company
There were two notable decisions this past week that we want to highlight: Tatum v. RJR Pension Investment Committee, et al., No. 16-1293, __F.3d__, 2017 WL 1531578 (4th Cir. Apr.…
ERISA Watch – Fifth Circuit Holds That Firestone Requires Deference to Administrator’s Factual Determinations Even under De Novo Review
This week’s notable decision is Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174, __F.3d__, 2017 WL 1423765 (5th Cir. Apr. 21, 2017), where the court affirmed a…
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