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Departing from Prior Panel Decisions, Fourth Circuit Holds Surcharge Remedy Is Not Equitable Relief Available under ERISA
In Rose v. PSA Airlines, Inc., No. 21-2207, __F.4th__, 2023 WL 5839282 (4th Cir. Sept. 12, 2023), a dispute involving the wrongful denial of a health insurance claim, the Fourth…
District Court Denies Plaintiff Ongoing ERISA Disability Benefits for Failure to Provide Proof of Loss
In Card v. Principal Life Insurance Company, No. CV 5:15-139-KKC, 2023 WL 5706202 (E.D. Ky. Sept. 5, 2023), Kentucky Eastern District Judge Karen Caldwell granted judgment in part to Plaintiff…
Tenth Circuit Adopts Eighth Circuit Pleading Standard for ERISA Breach of Fiduciary Cases Alleging Imprudent Investments
In Matney v. Barrick Gold of N. Am., No. 22-4045, __F.4th__, 2023 WL 5731996 (10th Cir. Sept. 6, 2023), a putative class action against Barrick Gold of North America, its Board,…
District Court Finds Choice of Law Provision in AD&D Policy Trumps California Law Banning Discretionary Authority in Life Insurance Policies
In White v. Guardian Life Insurance Company, et al., No. 22-CV-1788-L-KSC, 2023 WL 5519315 (S.D. Cal. Aug. 25, 2023), California Southern District Judge M. James Lorenz denied Plaintiff’s motion to…
Seventh Circuit Reverses District Court for Not Properly Considering ERISA Claimant’s Ability to Perform Occupation Due to Sitting and Cognitive Limitations
In Scanlon v. Life Insurance Co. of North America, No. 22-1121, --- F.4th ----, 2023 WL 5617127 (7th Cir. Aug. 31, 2023), a matter involving a dispute over the denial of…
Take Three: Ninth Circuit Reverses Class Win Against United Behavioral Health
On March 22, 2022, the Ninth Circuit issued an unpublished memorandum in this matter at Wit v. United Behav. Health, No. 20-17363, 2022 WL 850647 (9th Cir. Mar. 22, 2022),…
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