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District Court Finds ERISA Plan Does Not Require Exhaustion of Administrative Remedies As Prerequisite to Filing Suit
In Jackson v. The Guardian Life Insurance Company of America, et al., No. 22-CV-03142-JSC, 2023 WL 2960290 (N.D. Cal. Apr. 13, 2023), Northern District of California District Judge Jacqueline Scott…
District Court Upholds Unum’s Termination of Disability Benefits After 24 Months Because Plaintiff Did Not Remain Disabled Strictly Due to a Physical Condition
In Abi-Aad v. Unum Group, Unum Life Insurance Company of America, No. 21-CV-11862-AK, 2023 WL 2838357 (D. Mass. Apr. 7, 2023), Massachusetts District Judge Angel Kelley granted judgment to Unum…
Third Circuit Holds New Jersey Transit Corporation Cannot be Sued for Disability Pension Benefits under ERISA Due to Governmental Plan Exemption
In Pue v. New Jersey Transit Corporation, No. 22-2616, 2023 WL 2930298 (3d Cir. Apr. 13, 2023), the pro se Plaintiff-Appellant Anthony Pue filed a lawsuit against New Jersey Transit…
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…
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