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District Court Finds Insurer Had No Discretionary Authority Over Disability Claim and Was Not an ERISA Fiduciary
In Shea v. Unum Life Insurance Company of America, et al., No. 24-CV-10402-ADB, 2024 WL 4593525 (D. Mass. Oct. 28, 2024), Massachusetts District Judge Allison D. Burroughs granted Unum Life…
Second Circuit Affirms Dismissal of ERISA Claims Due to Untimeliness
Perlman v. General Electric, et al., No. 24-514-CV, 2024 WL 4635235 (2d Cir. Oct. 31, 2024) (Before: Parker, Kahn, Circuit Judges, and Amon, District Judge). Eighteen years after she left…
Eleventh Circuit Holds Defined Contribution Plans Are Not Entitled to the Benefit from Foreign Tax Credits
In Romano v. John Hancock Life Ins. Co. (USA), No. 22-12366, 2024 WL 4614701 (11th Cir. Oct. 30, 2024), a matter of first impression, the Eleventh Circuit considered whether ERISA’s…
District Court’s Decision Affirming Unum’s Termination of Disability Benefits After 10 Years of Payment Highlights the Difficulties for Claimants under the Arbitrary and Capricious Standard of Review
In Eggleston v. Unum Life Insurance Company of America, No. 1:22-CV-23393, 2024 WL 4533607 (S.D. Fla. Oct. 21, 2024), on Cross-Motions pursuant to FRCP Rule 52, Florida Southern District Judge…
Sixth Circuit Finds ERISA Plan Arbitration Clause Unenforceable Because It Precludes Representative Actions
Plaintiff-Appellant Bradley Fleming was frustrated in his attempt to hold the fiduciaries of his former company’s 401(k) Plan liable for alleged breaches of their ERISA fiduciary duties because the Plan…
District Court Affirms Lincoln National’s Denial of Long-Term Disability Benefits After In-Person Examination Concluded That Plaintiff Did Not Suffer Cognitive Impairment Precluding Work
In Copeland v. The Lincoln National Life Insurance Co., No. 1:19-CV-1033, 2024 WL 4471155 (W.D. Mich. Oct. 11, 2024), Michigan Western District Judge Jane M. Beckering affirmed Defendant Lincoln’s determination…
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