Latest Blog Posts
ERISA Watch – Class-Wide Equitable Relief May Be Awarded Absent Individualized Proof of Detrimental Reliance
This week’s notable decision is a good one on the current state of ERISA remedies. In Osberg v. Foot Locker, Inc., Foot Locker Retirement Plan, No. 15-3602-CV, __F.3d__, 2017 WL…
ERISA Watch – Court of Appeals Affirms Victory for Long Term Disability Claimant Even Though the District Court Did Not Make a Finding of Disability
This week’s notable decision is a win for the long term disability claimant in Marcin v. Reliance Standard Life Insurance Company and Mitre Corporation Long Term Disability Insurance Program, No.…
ERISA Watch – New York Law Prohibits Insurance Company from Offsetting Personal Injury Settlement Against Long Term Disability Benefits
This week’s notable decision, Arnone v. Aetna Life Insurance Company, No. 15-2322, __F.3d__, 2017 WL 2675293 (2d Cir. June 22, 2017), is a great one regarding those pesky “offsets” common…
ERISA Watch – Beware of Social Media If You’re a Long Term Disability Claimant
“Lordy, I hope there are tapes,” said no plaintiff's attorney ever. This week’s notable decision is an unfortunate one out of the Fifth Circuit Court of Appeals. It highlights the…
A Manslaughter Conviction May Not Prohibit Receipt of ERISA Life Insurance Benefits
The “Slayer rule” is a common law doctrine that prevents inheritance by someone who murders someone from whom he or she stands to inherit. Many states have enacted slayer rules…
ERISA Watch – ERISA Statute of Limitations Applies to Railway Labor Act Claims
This week’s notable decision, Pruter v. Local 210’s Pension Trust Fund, Local 210, International Brotherhood of Teamsters, No. 16-733-CV, __F.3d__, 2017 WL 2431756 (2d Cir. June 6, 2017), is one…
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