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Third Circuit Holds Class Action Waiver in ESOP Plan Arbitration Provision Is Unenforceable
In Henry v. Wilmington Trust NA, et al., No. 21-2801, __F.4th__, 2023 WL 4281813 (3d Cir. June 30, 2023), a case brought by Plaintiff Marlow Henry on behalf of a…
District Court Upholds Unum Life’s Termination of LTD Benefits Based on Plaintiff’s Increased Activity and Reduction in Treatment and Medication
In Harmon v. Unum Life Insurance Company of America, et al., No. 1:20-CV-318-KAC-CHS, 2023 WL 4166085 (E.D. Tenn. June 23, 2023), Tennessee Eastern District Judge Katherine A. Crytzer granted judgment…
Fourth Circuit Affirms Zurich’s Termination of CBS Writer’s Long-Term Disability Benefits
In Geiger v. Zurich Am. Ins. Co., No. 22-1519, __F.4th__, 2023 WL 4217009 (4th Cir. June 28, 2023), the Fourth Circuit affirmed the district court’s grant of judgment to Zurich…
Ninth Circuit Finds Long Term Disability Policy Required Insurer to Pro-rate Bonus Payment Over Period It Was Earned
Neumiller v. Hartford Life and Accident Insurance Company, No. 22-35688, 2023 WL 4173022 (9th Cir. June 26, 2023) involves a dispute over the proper interpretation of a term in Hartford’s…
District Court Transfers Venue of ERISA Action from Residence Forum of Participant’s Trustee to Residence Forum of Plan Participant
In Hammer v. JP Morgan Chase Long-Term Disability Benefit Plan, 2023 WL 4053801 (N.D. Cal. June 16, 2023), California Northern District Magistrate Judge Laurel Beeler granted Defendants’ Moton to Transfer…
Fourth Circuit Finds Company Did Not Violate ERISA When It Terminated 67 Employees Who Submitted Similar Medical Leave Forms Following Notice of Furlough
In Adkins v. CSX Transportation, Inc., No. 21-2051, __F.4th__, 2023 WL 4035811 (4th Cir. June 16, 2023), Plaintiffs-Appellants are several former employees of Defendant-Appellee CSX Transportation, Inc. (“CSXT”), who CSXT…
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