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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,…
District Court Applies Fiduciary Exception Granting Plaintiff’s Motion to Compel Unum’s Legal Communications Prior To Its Final Decision on ERISA LTD Claim
In Hardy v. Unum Life Insurance Company of America, No. 23-CV-563 (JRT/JFD), 2023 WL 4841952 (D. Minn. July 28, 2023) Minnesota District Magistrate Judge John F. Docherty granted Plaintiff’s motion…
Sixth Circuit Revives Breach of Fiduciary Duty Claims Against United HealthCare for Seeking Reimbursement of Medical Expenses Not Required by ERISA Plan
In Patterson v. United HealthCare Ins. Co., No. 22-3167, __F.4th__, 2023 WL 4882436 (6th Cir. Aug. 1, 2023), Plaintiff-Appellant Eric Patterson appealed the district court’s dismissal of his ERISA breach…
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