Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority
Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority
In Lyn M. v. Premera Blue Cross, 966 F.3d 1061, 1065 (10th Cir. 2020), a case involving the denial of ERISA-governed medical benefits, the three-judge panel including Judges Lucero, Bacharach,…
First Circuit Finds Fidelity’s Collection of Infrastructure Fees Does Not Make it a Functional Fiduciary Under ERISA
In Re: Fidelity ERISA Fee Litigation, Wong v. FMR LLC, et al., No. 20-1286, __F.3d__, 2021 WL 836766 (1st Cir. Mar. 5, 2021) involves a consolidated putative class action brought…
Second Circuit Reverses Order Compelling Arbitration of ERISA Fiduciary Breach Claims by Plan Participant Against Employer’s Third-Party Investment Advisor
Yesterday, the Second Circuit Court of Appeals issued its second decision this week involving the arbitration of ERISA claims. In Cooper v. Ruane Cunniff & Goldfarb Inc., No. 17-2805, __F.3d__2021…
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…
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