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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…
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…
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,…
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…
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…
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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