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District Court Affirms MetLife’s Denial of AD&D Benefits Finding Insured’s Post-Surgical Death From Unintentional Narcotic Overdose Was Not Covered Under The Policy

In Wicks v. Metropolitan Life Insurance Company, No. 4:21-CV-1275-O, 2023 WL 5216493 (N.D. Tex. Aug. 14, 2023), under a de novo standard of review, Texas Northern District Judge Reed O’Connor…

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Third Circuit Denies Aetna’s Petition Challenging Certification of ERISA Class Action as Untimely under FRCP 23(f)

In Wolff v. Aetna Life Ins. Co., No. 22-8056, __F.4th__, 2023 WL 5082238 (3d Cir. Aug. 9, 2023), the Third Circuit Court of Appeals denied Defendant-Petitioner Aetna Life Insurance Company's…

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Fifth Circuit Allows Multi-Plan ERISA Class Action to Proceed Against Fringe Benefit Group

The Fifth Circuit Court of Appeals decided a class certification dispute in Chavez v. Plan Benefit Services, Inc., et al, No. 22-50368, __F.4th__, 2023 WL 5160393 (5th Cir. Aug. 11,…

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District Court Dismisses ERISA Suit For Life Insurance Proceeds Because Insured’s Death from Drug Overdose Was Excluded Under the Policy

In LePino v. Anthem Blue Cross Life & Health Ins. Co., No. 22-CV-4400 (NSR), 2023 WL 5001439 (S.D.N.Y. Aug. 4, 2023), New York Southern District Judge Nelson S. Román granted…

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Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claims Against AT&T for Failing to Monitor Compensation Received by its Retirement Plan Recordkeeper

Bugielski v. AT&T Servs., Inc., No. 21-56196, __F.4th__, 2023 WL 4986499 (9th Cir. Aug. 4, 2023) (Before: Paez, Bade, Circuit Judges, and Collins, District Judge). In this putative class action…

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Eighth Circuit Finds Employee Benefit Funds Failed to Establish Company Owes Supplemental Dues under CBA

In Greater St. Louis Constr. Laborers Welfare Fund v. B.F.W. Contracting, LLC, No. 22-2138, __F.4th__, 2023 WL 4940260 (8th Cir. Aug. 3, 2023), Defendants-Appellants B.F.W. Contracting, LLC and B.F.W. Contractors,…

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