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Second Circuit: HHS Rule for Embedded Individual Out-of-Pocket Limits Does Not Apply to Pre-2016 Health Insurance Plans

In Fisher v. Aetna Life Ins. Co., No. 20-3148, __F.4th__, 2022 WL 1193999 (2d Cir. Apr. 22, 2022), the Second Circuit considered three separate but related appeals concerning Plaintiff-Appellant Jacqueline…

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Fourth Circuit Affirms District Court’s Award of Coverage for Surgery Because Claim Not Handled in ‘Fair-Minded’ Manner

In Garner v. Cent. States, Se. & Sw. Areas Health & Welfare Fund Active Plan, No. 21-1602, __F.4th__, 2022 WL 1160386 (4th Cir. Apr. 20, 2022), the Fourth Circuit affirmed…

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Ninth Circuit Revives ERISA Excessive Fees Suit Against Trader Joe’s Company

Just a week after reviving ERISA breach of fiduciary duty claims against Salesforce, the Ninth Circuit revived an excessive fees case against Trader Joe's Company in Kong, et al. v.…

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Sixth Circuit Revives Breach of Fiduciary Duty Claim Against Wal-Mart for Alleged Mishandling of Insurance Plan Assets

The Sixth Circuit Court of Appeals recently decided, Chelf v. Prudential Ins. Co. of Am., No. 20-6097, __F.4th__, 2022 WL 1090168 (6th Cir. Apr. 12, 2022), which revived a breach…

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Seventh Circuit: Raise Effective One Day After Lawyer’s Heart Attack Is Excluded from Disability Benefit Calculation

The Seventh Circuit recently resolved a dispute over long-term disability ("LTD") benefits in Ten Pas v. Lincoln Nat’l Life Ins. Co., No. 20-1259, __F.4th__, 2022 WL 1074533 (7th Cir. Apr.…

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Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim Against Salesforce for 401(k) Plan Investments

In Davis, et al. v., Inc., et al., No. 21-15867, 2022 WL 1055557 (9th Cir. Apr. 8, 2022), Plaintiffs-Appellants alleged that Defendants breached their ERISA duty of prudence with…

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