Sixth Circuit Holds District Court Lacked Authority to Award Attorneys’ Fees and Decide ERISA Claim Subject to Mandatory Arbitration
Sixth Circuit Holds District Court Lacked Authority to Award Attorneys’ Fees and Decide ERISA Claim Subject to Mandatory Arbitration
In UAW International, et al. v. TRW Automotive U.S. LLC, No. 19-2252, __F.App'x__, 2021 WL 926527 (6th Cir. Mar. 11, 2021), the Sixth Circuit considered consolidated appeals where Plaintiffs, retirees…
ERISA Watch – First Circuit Holds that Claimant Is Disabled by RSD and Fibromyalgia; Sanctions against Her Attorney for Threatening to Sue Insurer’s “Independent” Doctor Are Not Warranted.
This week’s notable decision is Gross v. Sun Life Assurance Co. of Canada, No. 16-1958, __F.3d__, 2018 WL 460203 (1st Cir. Jan. 18, 2018). It’s jam packed with lots of…
ERISA Watch – Plan Is Entitled to Recover Its Appellate Attorneys’ Fees for Time Spent Defending Fee Award
Last week’s notable decision was about attorneys’ fees. This week’s notable decision is also about fees: Micha v. Sun Life Assurance of Canada, Inc., No. 16-55053, __F.3d__, 2017 WL 4896481…
ERISA Watch – Achieving a Remand to the Disability Plan Administrator Warrants Attorneys’ Fees under ERISA Section 502(g)
Show me the money! Halloween is around the corner and this week’s notable decisions are scary, at least to ERISA plan administrators. This past week saw FOUR attorneys’ fee decisions…
ERISA Watch – ERISA Section 305(e) Does Not Apply Before Critical Status Certification
Last week was a busy week for ERISA decisions. This week’s first notable decision is Lehman v. Nelson, et al., No. 15-35414, __F.3d__, 2017 WL 2989916 (9th Cir. July 14,…
ERISA Watch – Six-figure Attorneys’ Fees Award Against Unsuccessful Plan Participant
This week’s scary notable decision is Langley v. Howard Hughes Mgmt. Co., LLC, Separation Benefits Plan, No. CV H-13-3595, 2016 WL 6208585 (S.D. Tex. Oct. 24, 2016), where the court…
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