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Eleventh Circuit Upholds Self-Funded Health Plan’s Equitable Lien on Member’s Medical Malpractice Settlement Proceeds

In Publix Super Markets, Inc., v. Figareau, et al., No. 20-14212, __F.App’x__, 2021 WL 2065434 (11th Cir. May 24, 2021), an action brought under ERISA § 502(a)(3), the Eleventh Circuit…

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In Long-Term Disability Dispute, Court Orders Guardian Life Insurance Company to Produce Discovery About Its Reviewing Doctors’ Conflict of Interest

In a dispute governed by the Employee Retirement Income Security Act (“ERISA”), Martin v. The Guardian Life Insurance Company of America, No. CV 5:20-507-DCR, 2021 WL 1994229 (E.D. Ky. May…

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Second Circuit Holds Insurer Did Not Abuse Its Discretion Paying Life Insurance Benefits to Decedent’s Adopted Children Over His Estate

In Campbell v. We Transport, Inc., et al., No. 20-1289, __F.App’x__, 2021 WL 1941636 (2d Cir. May 14, 2021), the pro se Plaintiff-Appellant, Collette Campbell, sought payment of life insurance…

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Third Circuit Enforces Equitable Disgorgement Remedy Against Former Employee Who Violated ERISA Plan’s Non-Compete Provision

When Plaintiff-Appellant Michael Wilson sued his former employer, Aerotek, Inc., for violations of the Family and Medical Leave Act and defamation, Aerotek counterclaimed under ERISA alleging that Wilson violated the…

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Ninth Circuit Finds California’s State-Managed Individual Retirement Account Program Is Not Preempted by ERISA

With the growing number of government-run auto-enrollment retirement savings programs, the Ninth Circuit decided “a novel and important question:” whether ERISA preempts the California law which creates CalSavers, a state-managed…

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Second Circuit Finds Aetna Had Discretion to Decide Life Insurance Claim and Did Not Abuse Discretion Denying Accidental Death Benefits

In Tyll v. Stanley Black & Decker Life Ins. Program, Aetna Life Ins. Co., No. 20-1060, __F.App’x__, 2021 WL 1748474 (2d Cir. May 4, 2021), a dispute under the Employee…

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