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Ninth Circuit Confirms Settlement Agreement with Pension Fund Was a Non-Assignable “Financial Accommodation”

In In re Svenhard’s Swedish Bakery, No. 23-60045, ---F.4th----, 2025 WL 2627837 (9th Cir. Sept. 12, 2025), the Ninth Circuit Court of Appeals addressed whether a bankrupt employer could assume…

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District Court Denies Insurer’s Attempt to Block Discovery in ERISA Benefits Case

In Gaines v. United of Omaha Life Insurance Company, No. 1:25-CV-00167-HAB-ALT, 2025 WL 2675105 (N.D. Ind. Sept. 18, 2025), Magistrate Judge Andrew Teel rejected an insurer’s effort to vacate the…

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Court Awards Over $117,000 in Attorneys’ Fees and Costs to Prevailing Plaintiff in ERISA LTD Case Against Unum

On September 16, 2025, in Mundrati v. Unum Life Insurance Company of America d/b/a Unum, No. CV 23-1860, 2025 WL 2653588 (W.D. Pa. Sept. 16, 2025), Magistrate Judge Patricia Dodge…

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Eleventh Circuit Upholds Insurer’s Denial of Nasal Surgery Coverage as Not Medically Necessary

In Gomez v. Neighborhood Health Partnership, Inc., No. 24-11898, 2025 WL 2658881 (11th Cir. Sept. 17, 2025), the Eleventh Circuit affirmed a district court decision granting summary judgment to Neighborhood…

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Discovery in ERISA Benefit Claims: What Courts in the Ninth Circuit Allow

When courts review ERISA benefit denials, the standard of review makes all the difference in determining whether discovery will be allowed. Under de novo review, the court asks only one…

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Third Circuit Upholds PBGC Regulations on ARPA Pension Assistance and Confirms Contractual Withdrawal Liability Obligations

In In re Yellow Corporation, No. 25-1421, ---F.4th----, 2025 WL 2647752 (3rd Cir. 2025) (Before: Shwartz, Montgomery-Reeves, and Ambro, Circuit Judges), the Third Circuit addressed significant issues at the intersection…

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