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Your ERISA Watch – Supreme Court Hands a Loss to Retirees In Dispute Over Lifetime Health Care Benefits

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,…

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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…

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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…

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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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ERISA Watch – Parent Has Standing under the Affordable Care Act to Challenge Denial of Son’s Gender Reassignment Surgery

This week’s notable decision is Tovar v. Essentia Health, No. 16-3186, __F.3d__, 2017 WL 2259632 (8th Cir. May 24, 2017).  In Tovar, Plaintiff is an employee who filed suit against…

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ERISA Watch – Procedural Irregularities in Processing of Medical Benefit Claim Results in Exhaustion of Administrative Remedies and De Novo Review

This week’s notable decision is Easter v. Cayuga Med. Ctr. at Ithaca Prepaid Health Plan, No. 514CV1403BKSTWD, __F.Supp.3d__, 2016 WL 6820464 (N.D.N.Y. Nov. 15, 2016).  There are a number of…

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