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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 Co. of Am., No. 22-15336, 2022 WL 17817954 (9th Cir. Dec. 20, 2022), a short unpublished memorandum, the Ninth Circuit found that the district…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…
Sixth Circuit Holds that Limitations Period for ERISA Underpayment Claim Does Not Accrue Earlier than the Alleged Underpayment
In Gragg v. UPS Pension Plan, No. 22-3379, __F.4th__, 2022 WL 17729625 (6th Cir. Dec. 16, 2022), a dispute alleging the underpayment of pension benefits, the Sixth Circuit held that…
Fourth Circuit Endorses Bench Trials on the Administrative Record in ERISA Denial-of-Benefits Cases
In Tekmen v. Reliance Standard Life Ins. Co., No. 20-1510, __F.4th__, 2022 WL 17725720 (4th Cir. Dec. 16, 2022), a dispute over long-term disability benefits, the Fourth Circuit decided the appropriate…
Eighth Circuit Affirms CBA Only Requires Benefit Fund Contributions for Construction and Highway Work
The Eighth Circuit Court of Appeals recently decided Greater St. Louis Constr. Laborers Welfare Fund v. RoadSafe Traffic Sys., Inc., No. 22-1050, __F.4th__, 2022 WL 17544675 (8th Cir. Dec. 9,…
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