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Second Circuit Vacates Dismissal of Cigna’s ERISA Claim Against Laboratory Testing Companies, Finding Claim Subject Only to Equitable Doctrine of Laches
In Connecticut Gen. Life Ins. Co. v. BioHealth Labs., Inc., No. 20-2312-CV, __F.3d__, 2021 WL 476111 (2d Cir. Feb. 10, 2021), Plaintiffs, collectively “Cigna,” appealed the dismissal of their claims…
Ninth Circuit Finds Unum’s 2005 California Settlement Agreement Prohibits Self-Reported Symptoms Limitation in Allin Corporation’s Disability Plan
In Cox v. Allin Corporation Plan; et al., No. 16-15231, __F.App’x__, 2021 WL 613799 (9th Cir. Feb. 17, 2021), Plaintiff-Appellant Cox appealed the district court’s judgment in favor of Unum…
Tenth Circuit Finds Divorce Decree Is a Qualified Domestic Relations Order under ERISA
In Festini-Steele v. Exxonmobil Corporation, No. 20-1052, __F.App’x__, 2021 WL 629755 (10th Cir. Feb. 18, 2021), Plaintiff-Appellant Festini-Steele claims a Decree of Dissolution of Marriage (“Decree”) is a Qualified Domestic…
Self-Funded Plan Service Providers Are Not ERISA Fiduciaries Where They Do Not Exercise Discretion Over the Payment of Claims
In Cent. Valley Ag Coop. v. Leonard, No. 19-3044, __F.3d__, 2021 WL 317215 (8th Cir. Feb. 1, 2021), Central Valley Ag Cooperative (“Central Valley”), which sponsored two different self-funded health care…
Sixth Circuit Reverses Judgment for Employer in Plan Contributions Dispute Due to Ambiguity of “Outside Telephone Work” In Supplement to CBA
In National Electrical Annuity Plan v. Henkels & McCoy, Inc., No. 20-1024, __F.App’x__, 2021 WL 567868 (6th Cir. Feb. 16, 2021), Plaintiff National Electrical Annuity Plan (“NEAP”) seeks over $350,000 in…
District Court Rules Occupational Injury Benefit Plan Only Covering a Sole Proprietor Is Not an ERISA Plan
In Juanopulos v. Salus Claims Mgmt. LLC, No. 4:20-CV-01394, __F.Supp.3d__, 2021 WL 520453 (S.D. Tex. Feb. 9, 2021), in deciding a motion to remand the matter to state court, the…
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