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Third Circuit Affirms Class Certification: Named Plaintiffs Have Standing to Bring Claims for Plan Funds in Which They Did Not Personally Invest

Boley v. Universal Health Servs., Inc., No. 21-2014, __F.4th__, 2022 WL 1768984 (3d Cir. June 1, 2022) is a matter involving ERISA breach of fiduciary duty claims against the fiduciaries…

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District Court Limits Lincoln Life’s Ability to Expand Administrative Record for Failure to Comply with ERISA Regulations

The Eastern District of New York Court recently decided Fredrich v Lincoln Life And Annuity Company of New York, . 21-cv-5482 (JMA)(SIL), 2022 WL 1537162 (E.D.N.Y. May 13, 2022). The response…

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Eleventh Circuit Affirms LINA’s Denial of Long-Term Disability Benefits

In Nunnelly v. Life Insurance Company of North America, No. 21-12537, 2022 WL 1640790 (11th Cir. May 24, 2022), Plaintiff-Appellant Terry Nunnelly appeals the district court’s determination that Defendant Life…

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Sixth Circuit: Plan Had Subrogation Right Even Though Pre-Approval of Surgery Was Not Consistent with Plan Terms

In Zahuranec v. Cigna Healthcare, Inc., et al., No. 21-3695, 2022 WL 1619493 (6th Cir. May 23, 2022), Plaintiff-Appellant Lisa Zahuranec appealed the district court’s dismissal of her ERISA lawsuit…

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Ninth Circuit: Remand Order in ERISA Case Constituted Sufficient “Success on the Merits” for Attorneys’ Fee Award

In Woolsey v. Aetna Life Insurance Company, et al., No. 20-16885, 2022 WL 1598964 (9th Cir. May 20, 2022), the Ninth Circuit reversed and remanded the district court’s denial of…

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Court Reverses Prudential Insurance Company of America’s Termination of Long-Term Disability Benefits

The Western District of Washington Court recently decided Cherry v. The Prudential Insurance Company of America, No. 21-27 MJP, 2022 WL 1302395 (W.D. Wash.  May 5, 2022). In this case, Andrew…

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