Second Circuit Vacates Dismissal of Cigna’s ERISA Claim Against Laboratory Testing Companies, Finding Claim Subject Only to Equitable Doctrine of Laches
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…
Tenth Circuit Affirms Decision that Lawsuit for ACI Coverage is Not Time-Barred; Denial of Coverage Is Not Arbitrary and Capricious
The Tenth Circuit Court of Appeals recently decided Weiss v. Banner Health, No. 19-1384, __F.App’x__, 2021 WL 461561 (10th Cir. Feb. 9, 2021), a case involving the denial of medical…
Your ERISA Watch – Supreme Court Hands a Loss to Retirees In Dispute Over Lifetime Health Care Benefits
A dispute over retiree healthcare benefits which has been hotly litigated for 14 years reached the end of the road with the Supreme Court’s decision in CNH Indus. N.V. v. Reese,…
ERISA Watch – Court Rules That Medical Plan Improperly Asserted Subrogation Lien to Deny Benefits
This week’s notable decision is Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, No. 16 C 11014, __F.Supp.3d__, 2017 WL 6549759 (N.D. Ill. Dec. 20, 2017), a case in…
ERISA Watch – The ACA Does Not Prohibit Lifetime Benefit Maximum for Certain Retiree-only Health Plans
This week’s notable decision, King v. Blue Cross & Blue Shield of Illinois, No. 15-55880, __F.3d__, 2017 WL 3928339 (9th Cir. Sept. 8, 2017), involves a claim for unpaid medical…
ERISA Watch – Self-funded Medical Plan Can Enforce Subrogation Interest in Wrongful-Death Settlement
This week’s notable decision, Mackey v. Johnson, No. 16-1886, __F.3d__, 2017 WL 3595504 (8th Cir. Aug. 22, 2017), is a coup for self-funded medical plans and terrible precedent for the…
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