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Tenth Circuit Finds United Behavioral Health Arbitrarily and Capriciously Denied Residential Treatment Benefits to Minor with Severe Mental Health Disorders

In D. K. v. United Behav. Health, No. 21-4088, __F.4th__, 2023 WL 3443353 (10th Cir. May 15, 2023), the Tenth Circuit clarified the procedural requirements for medical insurance claims governed…

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District Court Finds First Unum Improperly Terminated Long Term Disability Benefits and Remands for “Any Occupation” Disability Determination

In Goodman v. First Unum Life Ins. Co., No. 2:21-CV-00902-BJR, 2023 WL 3224481 (W.D. Wash. May 3, 2023), Washington Western District Judge Barbara Jacobs Rothstein granted Plaintiff’s Rule 52 motion…

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Seventh Circuit Affirms Permanent Injunction Against ERISA Plan Fiduciaries for Using Plan Assets for Personal Benefit

The Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. requires that employee benefit plan fiduciaries comply with the terms of plan documents and their…

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Seventh Circuit Affirms Northrop Grumman Win in Class Action Dispute over ERISA Severance Benefits

In Carlson v. Northrop Grumman Severance Plan & Northrop Grumman Corporation, No. 22-1764, __F.4th__, 2023 WL 3299703 (7th Cir. May 8, 2023) (Before: Easterbrook, Hamilton, and Lee, Circuit Judges), the…

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District Court Applies De Novo Standard of Review Due to Insurer Failing to Strictly Adhere to ERISA Claims Procedure Regulations

In Rhodes v. First Reliance Standard Life Insurance Company, No. 22 CIV. 5264 (AKH), 2023 WL 3099294 (S.D.N.Y. Apr. 26, 2023), New York Southern District Judge Alvin K, Hellerstein granted…

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Fifth Circuit Affirms Judgment Ordering Blue Cross to Pay for Proton Beam Therapy to Treat Throat Cancer

In Salim v. Louisiana Health Service & Indemnity Company, No. 22-30573, 2023 WL 3222804 (5th Cir. May 3, 2023), an unpublished opinion, the Fifth Circuit Court of Appeals affirmed the…

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