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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…
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…
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In an unpublished decision, Emergency Group of Arizona Professional Corporation, et al., v. United Healthcare, Inc., No. 20-15684, __F.App’x__, 2021 WL 816071 (9th Cir. Mar. 3,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…
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…
First Circuit Finds Fidelity’s Collection of Infrastructure Fees Does Not Make it a Functional Fiduciary Under ERISA
In Re: Fidelity ERISA Fee Litigation, Wong v. FMR LLC, et al., No. 20-1286, __F.3d__, 2021 WL 836766 (1st Cir. Mar. 5, 2021) involves a consolidated putative class action brought…
Second Circuit Reverses Order Compelling Arbitration of ERISA Fiduciary Breach Claims by Plan Participant Against Employer’s Third-Party Investment Advisor
Yesterday, the Second Circuit Court of Appeals issued its second decision this week involving the arbitration of ERISA claims. In Cooper v. Ruane Cunniff & Goldfarb Inc., No. 17-2805, __F.3d__2021…
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