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Fifth Circuit Remands Challenge of DOL’s Final Rule Regarding ERISA Fiduciary Consideration of ESG Factors to the District Court in Light of Loper Bright Decision
In Utah v. Su, No. 23-11097, __F.4th__, 2024 WL 3451820 (5th Cir. July 18, 2024) (Before: Haynes, Willett, and Oldham, Circuit Judges), the Fifth Circuit returned the question of whether…
District Court Rules that Guardian Did Not Waive Its Right to Cancel Group Life Insurance Plan Due to Low Participation
In Edwards v. Guardian Life Insurance of America, No. 1:22-CV-145-KHJ-MTP, 2024 WL 3404606 (N.D. Miss. July 12, 2024), Mississippi Northern District Judge Kristi H. Johnson, granted summary judgment to defendant…
Fifth Circuit Permits Class Action to Proceed in ERISA Lawsuit Alleging Mismanagement of Benefit Plans
The Fifth Circuit Court of Appeals recently decided Chavez v. Plan Benefit Servs., Inc., No. 22-50368, __F.4th__, 2024 WL 3409147 (5th Cir. July 15, 2024). This case is a class…
Eleventh Circuit Affirms Doctor Entitled to Group Disability Benefits, Rejecting Insurer’s Interpretation of Covered Monthly Earnings
In Rosenberg, M.D. v. Reliance Standard Life Insurance Company, No. 23-13761, 2024 WL 3385678 (11th Cir. July 12, 2024), Defendant Reliance Standard appealed the district court’s grant of Plaintiff’s motion…
District Court Finds Plaintiff Failed to Establish Ongoing Disability Due to Conditions Not Limited Under the Long-Term Disability Plan
In Penland v. Metropolitan Life Insurance Company, No. CV 8:21-3000-HMH, 2024 WL 3327366 (D.S.C. July 8, 2024), South Carolina District Judge Henry M Herlong, Jr., on remand from the Fourth Circuit,…
Eighth Circuit Affirms Dismissal of Putative Class Action Challenging United’s Cross-Plan Offsetting due to Lack of Article III Standing
Smith v. UnitedHealth Grp. Inc., No. 23-2369, __F.4th__, 2024 WL 3321646 (8th Cir. July 8, 2024) (Before: Colloton, Chief Judge, Erickson and Kobes, Circuit Judges). Plaintiffs, who are participants in…
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