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Sixth Circuit Holds District Court Lacked Authority to Award Attorneys’ Fees and Decide ERISA Claim Subject to Mandatory Arbitration

In UAW International, et al. v. TRW Automotive U.S. LLC, No. 19-2252, __F.App'x__, 2021 WL 926527 (6th Cir. Mar. 11, 2021), the Sixth Circuit considered consolidated appeals where Plaintiffs, retirees…

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Claim Under Montana’s Unfair Trade Practices Act for Overcharge on Medical Bill is Preempted by ERISA

In Meyer v. United Healthcare, Ins. Co., No. 20-35407, __F.App’x__, 2021 WL 930258 (9th Cir. Mar. 11, 2021), the Ninth Circuit affirmed the district court’s decision that Plaintiff-Appellant’s claim that…

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District Court Permits Sun Life to Proceed with Fraud Counterclaim in Dispute Over ERISA-Governed Long-Term Disability Benefits

The ERISA claims and appeals process is rife for areas of disagreement. In what was filed as a run-of-the-mill long-term disability benefit lawsuit under the Employee Retirement Income Security Act…

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District Court Finds Benefits Not Payable Under AD&D Policies Because Dismemberment Was Not the Sole Proximate Cause of an Accidental Injury

In Gray v. Minnesota Life Insurance Company, No. CV H-19-4672, 2021 WL 861298 (S.D. Tex. Mar. 8, 2021), the court had to decide whether a dismemberment is payable under the…

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Medical Providers’ Claims Challenging Rate of Reimbursement from Insurance Company are Not Preempted by ERISA

In an unpublished decision, Emergency Group of Arizona Professional Corporation, et al., v. United Healthcare, Inc., No. 20-15684, __F.App’x__, 2021 WL 816071 (9th Cir. Mar. 3, 2021), the Ninth Circuit…

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Failure to Challenge all Bases for a District Court’s Decision in the Court of Appeals Results in Affirmation

A recent decision out of the Sixth Circuit Court of Appeals is a good reminder of the importance of filing a comprehensive appeal if you are challening a district court's…

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