Latest Blog Posts
ERISA Watch – ERISA Preempts California’s Ban on Discretionary Clauses As it applies to Self-Funded Disability Plans
This week’s notable decision is the Ninth Circuit’s decision in Williby v. Aetna Life Ins. Co., No. 15-56394, __F.3d__, 2017 WL 3482390 (9th Cir. Aug. 15, 2017). In this case,…
ERISA Watch – Seventh Circuit Validates ERISA Plan’s Forum Selection Clause
To sue or not to sue, where is the venue? The Seventh Circuit Court of Appeals says it is wherever the employee benefit plan says it is. In In re…
ERISA Watch – Firm Victory Against Liberty Life for “Moving the Target” in Disability Claim
This week’s notable decision is from a case handled by my partner, Michael, and our co-counsel, Adam Garner, Suson v. The PNC Financial Services Group, Inc. And Affiliates Long Term…
ERISA Watch – Disability Plan Cannot Offset Direct Rollover Funds Against Long Term Disability Benefits
This week’s notable decision is a good one on those pesky “other income” offsets common in long term disability policies. In Thomason v. Metropolitan Life Insurance Company, No. 16-10634, __F.App’x__,…
Multiple Sclerosis and Your Long Term Disability Insurance Claim
As some of our Bay Area ERISA clients have experienced, multiple sclerosis (MS) can be a severely incapacitating condition. The Mayo Clinic describes MS as a potentially disabling disease of…
ERISA Watch – ERISA Section 305(e) Does Not Apply Before Critical Status Certification
Last week was a busy week for ERISA decisions. This week’s first notable decision is Lehman v. Nelson, et al., No. 15-35414, __F.3d__, 2017 WL 2989916 (9th Cir. July 14,…
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