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Eighth Circuit Vacates 177 Arbitration Awards Against DST Systems Due to Lack of Subject Matter Jurisdiction
In Hursh v. DST Sys., Inc., No. 21-3554+, __F.4th__, 2022 WL 17246315 (8th Cir. Nov. 28, 2022), the Eighth Circuit considered 177 consolidated appeals brought by Plaintiffs who were participants…
Third Circuit Holds ERISA Claim Is Barred by the Probate Exception
In Applebaum v. Fabian, et al., No. 22-1049, 2022 WL 17090172 (3d Cir. Nov. 21, 2022), Plaintiff-Appellant Edita Applebaum brought several claims against the defendants, one of which was a…
Second Circuit Affirms Dismissal of ESOP Prohibited Transaction Lawsuit for Lack of Standing
In Plutzer v. Bankers Trust Company of South Dakota, et al., No. 22-561-CV, 2022 WL 17086483 (2d Cir. Nov. 21, 2022), Plaintiff-Appellant Edward Plutzer, on behalf of the Tharanco Group,…
Ninth Circuit: In De Novo Review of ERISA Benefit Decision, District Court Clearly Errs by Adopting Newly Presented Rationale
In Collier v. Lincoln Life Assurance Company of Boston, No. 21-55465, __F.4th__, 2022 WL 17087828 (9th Cir. Nov. 21, 2022), a dispute involving a denial of long-term disability (“LTD”) benefits…
District Court Rejects Sun Life’s Attempt to Argue New Grounds for Denying Accidental Death Benefits, Denies Motion to Remand
In Rushing v. Sun Life Assurance Company of Canada, Civil Action 22-cv-1454 (W.D. La. Nov. 1, 2022), Western District of Louisiana Magistrate Judge Mark L. Hornsby denied Sun Life’s motion…
California District Court Finds Cardiac Patient Disabled and Awards ERISA Long Term Disability Benefits for a Limited Time, Declines to Consider New Evidence
In Cameron v. Sun Life Assurance Company of Canada, 2:21-cv-02092 JLS (AFM) (C.D. Cal. Nov. 2, 2022), California Central District Judge Josephine L. Stanton determined on de novo review that…
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