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
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,…
District Court Finds AT&T Self-Funded Disability Plan Abused Its Discretion In Denying Software Engineer’s Long-Term Disability Claim
In a firm victory, Chacko v. AT&T Umbrella Benefit Plan No. 3, No. 2:19-CV-01837-DAD-DB, __F.Supp.3d__, 2023 WL 5806455 (E.D. Cal. Sept. 7, 2023), expertly litigated by our own Michelle Roberts,…
Departing from Prior Panel Decisions, Fourth Circuit Holds Surcharge Remedy Is Not Equitable Relief Available under ERISA
In Rose v. PSA Airlines, Inc., No. 21-2207, __F.4th__, 2023 WL 5839282 (4th Cir. Sept. 12, 2023), a dispute involving the wrongful denial of a health insurance claim, the Fourth…
District Court Denies Plaintiff Ongoing ERISA Disability Benefits for Failure to Provide Proof of Loss
In Card v. Principal Life Insurance Company, No. CV 5:15-139-KKC, 2023 WL 5706202 (E.D. Ky. Sept. 5, 2023), Kentucky Eastern District Judge Karen Caldwell granted judgment in part to Plaintiff…
Tenth Circuit Adopts Eighth Circuit Pleading Standard for ERISA Breach of Fiduciary Cases Alleging Imprudent Investments
In Matney v. Barrick Gold of N. Am., No. 22-4045, __F.4th__, 2023 WL 5731996 (10th Cir. Sept. 6, 2023), a putative class action against Barrick Gold of North America, its Board,…
District Court Finds Choice of Law Provision in AD&D Policy Trumps California Law Banning Discretionary Authority in Life Insurance Policies
In White v. Guardian Life Insurance Company, et al., No. 22-CV-1788-L-KSC, 2023 WL 5519315 (S.D. Cal. Aug. 25, 2023), California Southern District Judge M. James Lorenz denied Plaintiff’s motion to…
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