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Your ERISA Watch – Supreme Court Hands a Loss to Retirees In Dispute Over Lifetime Health Care Benefits

A dispute over retiree healthcare benefits which has been hotly litigated for 14 years reached the end of the road with the Supreme Court’s decision in CNH Indus. N.V. v. Reese,…

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Your ERISA Watch – In the Seventh Circuit, File Suit Immediately or Lose De Novo Review

A few weeks ago one of the notable decisions out of the Eastern District of Tennessee, Jordan v. Reliance Standard Life Insurance Company, 2018 WL 543041 (E.D. Tenn. Jan. 24,…

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Your ERISA Watch – Another One Bites the Dust:  Fifth Circuit Rules that Putative Class Action Fails to Meet Dudenhoeffer Standard

In what was conservatively good news for plan participants, the U.S. Supreme Court in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459, 189 L. Ed. 2d 457 (2014) held…

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ERISA Watch – In Matter of First Impression, Seventh Circuit Rules that ERISA Does Not Preempt the Illinois Slayer Statute

This week’s notable decision is Laborers’ Pension Fund v. Miscevic, No. 17-2022, __F.3d__, 2018 WL 578775 (7th Cir. Jan. 29, 2018).  In this case, Zeljko Miscevic worked as a union…

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ERISA Watch – Play or Pay – Claimants and Administrators Must See the Administrative Process Through

Follow me to Tennessee!  This week’s notable decisions are far apart on the spectrum, yet more similar than you might think, and not just because they’re both out of Tennessee…

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ERISA Watch – First Circuit Holds that Claimant Is Disabled by RSD and Fibromyalgia; Sanctions against Her Attorney for Threatening to Sue Insurer’s “Independent” Doctor Are Not Warranted.

This week’s notable decision is Gross v. Sun Life Assurance Co. of Canada, No. 16-1958, __F.3d__, 2018 WL 460203 (1st Cir. Jan. 18, 2018).  It’s jam packed with lots of…

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