Fourth Circuit Revives ERISA Claims Against Aetna and Optum for “Buried” Service Fees Charged to Self-Funded Health Plans
Fourth Circuit Revives ERISA Claims Against Aetna and Optum for “Buried” Service Fees Charged to Self-Funded Health Plans
In Peters v. Aetna Inc., No. 19-2085, __F.3d__, 2021 WL 2546412 (4th Cir. June 22, 2021), a putative class action, the Fourth Circuit revived ERISA breach of fiduciary duty and…
Eighth Circuit Denies Appointment of Impartial Umpire to Resolve Dispute Over Payment of Attorneys’ Fees from Welfare Trust
In Gillick v. Elliott, No. 20-1686, __F.3d__, 2021 WL 2446787 (8th Cir. June 16, 2021), Appellants are employer-appointed trustees of the Greater St. Louis Construction Laborers Welfare Trust (“Trust”) established…
EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination
Yesterday, Eric Berger, Acting Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefits Security Administration (EBSA) issued an informational letter concerning…
Tenth Circuit Affirms District Court’s Damages Calculation in 401(k) Breach of Fiduciary Duty Litigation
The Tenth Circuit Court of Appeals recently decided Ramos v. Banner Health, et al., No. 20-1231, __F.3d__, 2021 WL 2387909 (10th Cir. June 11, 2021). This case involves a class…
Ninth Circuit Bars Defensive Use of Equitable Estoppel When It Would Result in Contradiction of an ERISA Plan’s Express Terms
In Wong v. Flynn-Kerper, No. 19-56289, __F.3d__, 2021 WL 2307485 (9th Cir. June 7, 2021), the Ninth Circuit considered for the first time whether a defense of equitable estoppel is…
Second Circuit Finds Home Health Aides Lack Standing for ERISA Claims Based on Alleged Violation of New York Wage Parity Law
In Gonzalez De Fuente v. Preferred Home Care Of New York LLC, et al., No. 20-3985-CV, __F.App’x__, 2021 WL 2308786 (2d Cir. June 7, 2021), Plaintiff-Appellants, certified home health aides…
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