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Ninth Circuit Holds Self-Funded Long-Term Disability Plan Did Not Abuse Its Discretion in Applying Pre-existing Condition Exclusion

In Sorger v. Novartis Corporation Death Benefit & Disability Plan, Metropolitan Life Insurance Company, No. 20-15224, __F.App’x__, 2021 WL 3758280 (9th Cir. Aug. 25, 2021), the Ninth Circuit affirmed the…

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Eighth Circuit Holds that Maine Ban on Discretionary Authority in Health Plans Does Not Apply to AD&D Insurance Policy

In Williams v. Unum Life Ins. Co. of Am., No. 20-1694, __F.4th__, 2021 WL 3729660 (8th Cir. Aug. 24, 2021), involving a dispute over the denial of accidental death and…

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Fifth Circuit Reaffirms that Termination of ERISA Plan Is a Settlor Function, Not A Fiduciary Act

In Jackson v. AT&T Ret. Sav. Plan, No. 20-30255, __F.App’x__, 2021 WL 3624751 (5th Cir. Aug. 16, 2021), pro se Plaintiff-Appellant, Samantha J. Jackson, appealed the dismissal of her ERISA…

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Ninth Circuit Holds Health Plan Did Not Abuse Its Discretion in Terminating Spousal Benefits Following Judgment of Dissolution of Marriage

In Goodman v. Motion Picture Indus., No. 20-55937, __F.App’x__, 2021 WL 3615415 (9th Cir. Aug. 16, 2021), the Ninth Circuit affirmed the district court’s judgment in favor of the Motion…

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Second Circuit Revives Breach of Fiduciary Duty Claims in Class Action Against New York University Retirement Plans

Sacerdote v. New York Univ., No. 18-2707-CV, __F.4th__, 2021 WL 3610355 (2d Cir. Aug. 16, 2021) involves a class action brought by participants in retirement plans administered by New York University…

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Second Circuit Holds California Insurance Code’s Ban on Discretionary Authority in Disability Policies Applies Only to California Residents

Mayer v. Ringler Assocs. Inc., No. 20-1281, __F.4th__, 2021 WL 3556473 (2d Cir. Aug. 12, 2021) involves a dispute over the proper calculation of Plaintiff-Appellant Gregory Mayer’s long-term disability benefits…

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