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District Court Affirms Long-Term Disability Policy’s Three-Month Contractual Limitations Provision, Dismissing Plaintiff’s ERISA Lawsuit with Prejudice
In Prince v. Lincoln Life Assurance Company of Boston, No. 2:22-CV-01759-CCW, 2023 WL 2713947 (W.D. Pa. Mar. 30, 2023), Pennsylvania Western District Judge Christy Chriswell Wiegand granted Lincoln’s motion to…
D.C. Circuit Reverses Denial of Class Certification of “Fail-Safe” Class in ERISA Pension Dispute
In In re White, No. 22-8001, __F.4th__, 2023 WL 2763812 (D.C. Cir. Apr. 4, 2023), the D.C. Circuit granted interlocutory appeal under FRCP 23(f) of the district court’s denial of…
Fourth Circuit Finds Company Did Not Properly Eliminate ERISA Severance Plan Prior to Mass Layoff
Messer v. Bristol Compressors Int’l, LLC, No. 21-2363, 2023 WL 2759052 (4th Cir. Apr. 3, 2023) involves a class action under the Worker Adjustment and Retraining Notification Act of 1988…
Eighth Circuit Affirms Denial of Disability Pension Where Claimant Failed to Submit Social Security Disability Notice of Award with Application for Pension Benefits
Ruessler v. Boilermaker-Blacksmith Nat’l Pension Tr. Bd. of Trustees, No. 21-3876, __F.4th__, 2023 WL 2750829 (8th Cir. Apr. 3, 2023) involves a challenge of a denial of disability pension benefits…
District Court Finds Unum Improperly Determined That Plaintiff’s Disability Arose From A Psychological As Opposed To A Physical Condition
In Berg v. Unum Life Insurance Company of America, 2023 WL 2619015 (E.D. Mich. Mar. 23, 2023), Michigan Eastern District Judge Terrence G. Berg granted judgment to Plaintiff finding that…
District Court Permits Filing of Counterclaim for Overpayment of ERISA Benefits Based on Purported “Equitable Lien”
In Radle v. Unum Life Insurance Company of America, No. 4:21CV1039 HEA, 2023 WL 2662876 (E.D. Mo. Mar. 28, 2023), Michael Radle filed an action against Unum, alleging that it…
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