Latest Blog Posts
ERISA Watch – Sixth Circuit Adopts Boston Harbor Market-Participation Doctrine to ERISA Preemption
This week’s notable decision is from the land of ERISA preemption: Allied Constr. Indus. v. City of Cincinnati, No. 16-4248, __F.3d__, 2018 WL 283775 (6th Cir. Jan. 4, 2018). The…
ERISA Watch – Disability Insurer Must Consider Physical and Mental Stress of Occupation
This week's notable decision is Popovich v. Metro. Life Ins. Co., No. CV1509791ABMRWX, __F.Supp.3d__, 2017 WL 6546920 (C.D. Cal. Dec. 21, 2017) (Judge Andre Birotte Jr.). On de novo review, the…
ERISA Watch – Court Rules That Medical Plan Improperly Asserted Subrogation Lien to Deny Benefits
This week’s notable decision is Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, No. 16 C 11014, __F.Supp.3d__, 2017 WL 6549759 (N.D. Ill. Dec. 20, 2017), a case in…
ERISA Watch – Sixth Circuit Declines to Adopt “Substantial Compliance” Test for Requirements of a Qualified Domestic Relations Order
This week’s notable decision is Sun Life Assurance Co. of Canada v. Jackson, No. 17-3120, __F.3d__, 2017 WL 6347728 (6th Cir. Dec. 13, 2017), where the Sixth Circuit determined that…
ERISA Watch – Post CIGNA Corp. v. Amara, Are Circuit Courts Split on Simultaneous Pleading of ERISA Claims for Benefits and Equitable Relief?
This week’s notable decision, Swenson v. United of Omaha Life Ins. Co., No. 17-30374, __F.3d__, 2017 WL 5988351 (5th Cir. Dec. 4, 2017), involves ERISA preemption and simultaneous pleading of…
ERISA Watch – Court Certifies Class Action Against Citigroup 401(k) Plan Fiduciaries For Alleged Violations of Self-Dealing and Imprudent Conduct
This week’s notable decision is a class certification decision in Leber v. The Citigroup 401(k) Plan Investment Committee, et al, No. 07-CV-9329 (SHS), __F.R.D.__, 2017 WL 5664850 (S.D.N.Y. Nov. 27,…
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