Court Orders Unum to Pay Six Figures in Attorneys’ Fees for Wrongful Termination of Long-Term Disability Benefits
Court Orders Unum to Pay Six Figures in Attorneys’ Fees for Wrongful Termination of Long-Term Disability Benefits
In Graziano v. First Unum Life Insurance Company, No. 21-CV-2708 (PAC), 2024 WL 1175143 (S.D.N.Y. Mar. 19, 2024), New York Southern District Judge Loretta A. Preska granted Plaintiff’s motion for…
Ninth Circuit: Denial of Attorneys’ Fees Was Not Abuse of District Court Discretion Where DOL Was Substantially Justified in Trial Position in ERISA Lawsuit
In Su v. Bowers, No. 22-15378, __F.4th__, 2023 WL 7009599 (9th Cir. Oct. 25, 2023) (Before: Bea, Collins, Lee) (concurrence and partial dissent by Collins), the Ninth Circuit considered whether…
Ninth Circuit Affirms Denial of ERISA Attorneys’ Fees to Plaintiff Who Achieved a Remand to the Plan Administrator but Did Not Prevail After the Remand
Plaintiff-Appellant Michael Alves challenged Sedgwick’s termination of his short-term disability benefits and denial of his application for long-term disability benefits under the Hewlett-Packard Comprehensive Welfare Benefits Plan. The district court,…
Ninth Circuit: Working 30 Hours a Week Satisfies Long Term Disability Policy Requirement of “Full-Time Employee”
In Connor, M.D. v. Unum Life Insurance Company of America, No. 21-15034, 2023 WL 417903 (9th Cir. Jan. 26, 2023), Defendant-Appellant Unum Life Insurance Company of America appealed the district…
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 Co. of Am., No. 22-15336, 2022 WL 17817954 (9th Cir. Dec. 20, 2022), a short unpublished memorandum, the Ninth Circuit found that the district…
Ninth Circuit Affirms Attorneys’ Fee Award to ERISA Welfare Plan in Dispute Brought by Health Care Providers
In Almont Ambulatory Surgery Center, LLC v. International Longshoremen’s and Warehousemen’s Union-Pacific Maritime Association Welfare Plan, No. 20-55464, 2021 WL 5002216 (9th Cir. Oct. 28, 2021), Plaintiffs-Appellants appealed the district…
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