Latest Blog Posts
ERISA Watch – Sixth Circuit Court of Appeals Holds That Exhaustion Is Not Required for Statutory Violations
This week’s notable decision is Brundle v. Wilmington Trust N.A., No. 115CV1494LMBIDD, 2017 WL 979106 (E.D. Va. Mar. 13, 2017), where the court found that the defendant engaged in a prohibited transaction…
ERISA Watch – Long Term Disability Plan Administrator’s Failure to Issue a Timely Decision Results in “Deemed Exhaustion”
This week’s notable decision was a fun read out of the Middle District of Alabama, Stevens v. Sun Life & Health Ins. Co. (U.S.), No. 3:16-CV-76-WKW, 2017 WL 900005 (M.D.…
Bay Area Software Engineer Files Lawsuit After PTSD-related Disability Claim is Denied
According to reporting from the Northern California Record, Christopher Kane, a San Jose software engineer of Apple, recently filed a lawsuit claiming that he has been wrongfully denied his long…
ERISA Watch – Discretionary Authority Must Be Explicitly Stated in Long Term Disability Plan
This week’s notable decision is Rodríguez-López v. Triple-S Vida, Inc., No. 15-2413, __F.3d__, 2017 WL 782293 (1st Cir. Mar. 1, 2017), where the First Circuit Court of Appeals held that…
ERISA Watch – Third Party Disability Administrator Did Not Breach Fiduciary Duties For Reporting Substance Abuse to Employer
This weeks’ notable decision is out of the Tenth Circuit Court of Appeals and involves a denial of ERISA short term disability benefits. In Williams v. Fedex Corporate Services; Aetna…
ERISA Watch – State Law Action Against Doctors Reviewing Disability Plan Claim Is Preempted by ERISA
I will apply dietetic measures for the benefit of the sick according to my ability and judgment; I will keep them from harm and injustice. Translation from the Greek by…
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