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District Court Awards Continued ERISA Long Term Disability Benefits to Flight Attendant Who Developed Avascular Necrosis After Right-Foot Fracture
In Diaz v. Metropolitan Life Insurance Company, No. 21-CV-679 (MJD/JFD), 2023 WL 112586 (D. Minn. Jan. 5, 2023), District Judge Michael J. Davis awarded further long-term disability (“LTD”) benefits under…
Seventh Circuit: 2018 Amendments to ERISA Claims Regulations Apply to Disability Claims Terminated After Effective Date of Amendment
Zall v. Standard Ins. Co., No. 22-1096, _F.4th_, 2023 WL 312368 (7th Cir. Jan. 19, 2023) (Before: Hamilton, St. Eve, and Kirsch, Circuit Judges). In this dispute over the payment…
District Court Awards ERISA Long Term Disability Benefits to Attorney Suffering from Long-COVID and Chronic Fatigue Syndrome Symptoms
In Abrams v. Unum Life Insurance Company of America, No. C21-0980 TSZ, 2022 WL 17960616 (W.D. Wash. Dec. 27, 2022), District Judge Thomas S. Zilly determined on de novo review…
Ninth Circuit: Embezzler of ERISA Plan Lacks Standing to Sue Former Employer for Allocation of Restitution Payments
Lehr v. Perri Electric, Inc., No. 19-17199, 2023 WL 21466 (9th Cir. Jan. 3, 2023) (Before: S.R. Thomas, Bennett, and Sung, Circuit Judges). Colleen Lehr was a former participant in…
Ninth Circuit Affirms Denial of ERISA Attorneys’ Fees to Claimant Where Insurer Reinstated Disability Benefits Shortly after Lawsuit was Filed
In Desharnais v. Unum Life Ins. Co. of Am., No. 22-15336, 2022 WL 17817954 (9th Cir. Dec. 20, 2022), a short unpublished memorandum, the Ninth Circuit found that the district…
Third Circuit Finds ERISA Waiver of Premium Claim “Deemed” Exhausted and Affirms Award of Life Insurance Benefits
In Rizzo v. First Reliance Standard Life Insurance Co., et al., No. 20-1144, 2022 WL 17729430 (3d Cir. Dec. 16, 2022), a dispute over a waiver of premium (“WOP”) claim…
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