District Court Denies Dismissal for Failure to Exhaust Administrative Remedies; Highlights Importance of Communication About Appeal Procedures
District Court Denies Dismissal for Failure to Exhaust Administrative Remedies; Highlights Importance of Communication About Appeal Procedures
In Ferguson v. BBVA Compass Bancshares, Inc., et al., No. 2:19-CV-01135-MHH, 2021 WL 662257 (N.D. Ala. Feb. 19, 2021), the district court considered Defendants’ motion to reconsider the court’s previous…
Second Circuit Vacates Dismissal of Cigna’s ERISA Claim Against Laboratory Testing Companies, Finding Claim Subject Only to Equitable Doctrine of Laches
In Connecticut Gen. Life Ins. Co. v. BioHealth Labs., Inc., No. 20-2312-CV, __F.3d__, 2021 WL 476111 (2d Cir. Feb. 10, 2021), Plaintiffs, collectively “Cigna,” appealed the dismissal of their claims…
Self-Funded Plan Service Providers Are Not ERISA Fiduciaries Where They Do Not Exercise Discretion Over the Payment of Claims
In Cent. Valley Ag Coop. v. Leonard, No. 19-3044, __F.3d__, 2021 WL 317215 (8th Cir. Feb. 1, 2021), Central Valley Ag Cooperative (“Central Valley”), which sponsored two different self-funded health care…
In Excessive Fee and Fiduciary Investment Litigation Against Georgetown University, District Court Must Consider Participants’ Request for Leave to File Amended Complaint
Participants in the Georgetown University retirement plans who brought individual and representative class action ERISA breach of fiduciary duty claims against the University for alleged payment of excessive fees and…
Ninth Circuit Revives Breach of Fiduciary Duty Claim Against Employer for Failing to Notify Terminally Ill Employee of Loss of Life Insurance Coverage
In Estate of Foster through Foster v. Am. Marine SVS Grp. Benefit Plan, No. 20-35023, __F.App’x__, 2021 WL 461938 (9th Cir. Feb. 9, 2021), the Ninth Circuit Court of Appeals…
Second Circuit Upholds Dismissal of Breach of Fiduciary Duty Claims Against General Electric for Failing to Meet Dudenhoeffer Pleading Standard.
Varga v. General Electric Company, et al., No. 20-1144-CV, __F.App’x__, 2021 WL 391602 (2d Cir. Feb. 4, 2021) (Kearse, Pooler, Lynch, Circuit Judges). The Second Circuit considered an appeal brought…
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