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Fifth Circuit Substitutes Decision in Matter Where It Reversed the Win for NFL Player Seeking Additional Disability Benefits under NFL Player Retirement Plan

Fifth Circuit Substitutes Decision in Matter Where It Reversed the Win for NFL Player Seeking Additional Disability Benefits under NFL Player Retirement Plan

In Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan, No. 22-10710, __F.4th__, 2024 WL 1130511 (5th Cir. Mar. 15, 2024), the Fifth Circuit panel withdrew its opinion in…

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Court Finds That The Risk Of Contracting Covid-19 And Unavailability Of Personal Protective Equipment Is Not An Injury Or Illness Within The Meaning Of Plaintiff-Physician’s Disability Policy

In Osborn v. The Paul Revere Life Insurance Company, No. 1:21-CV-00842-CDB, 2024 WL 1020486 (E.D. Cal. Mar. 8, 2024), a California Eastern District Magistrate Judge (assigned for all purposes) granted…

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Sixth Circuit Finds Unum’s Conflict of Interest Did Not Motivate Its Decision to Terminate Long-Term Disability Benefits

In Harmon v. Unum Life Insurance Company of America, et al., No. 23-5619, 2024 WL 1075068 (6th Cir. Mar. 12, 2024), Plaintiff-Appellant Joey Harmon appealed the district court’s judgment in…

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Court Finds Unum’s Use of Nurse Review to Deny Long Term Disability Claim and Appeal Did Not Comport with ERISA Regulations

In Black v. Unum Life Ins. Co. of Am., No. 3:22-CV-2116-X, __F.Supp.3d__, 2024 WL 873536 (N.D. Tex. Feb. 29, 2024), Texas Northern District Judge granted partial summary judgment to Plaintiff,…

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Court Again Finds Reliance Standard Abused Its Discretion in Failing to Consider Long-Term Disability Claimant’s Risk of Future Harm from Cardiac Condition

In February 2023, Virginia Eastern District Judge T.S. Ellis, III granted partial summary judgment to Plaintiff finding that the plan administrator abused its discretion in failing to consider the risk…

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District Court Finds Plaintiff Has Right to File Lawsuit for Long Term Disability Benefits Due to ERISA Plan’s Procedural Violations

In Witt v. Intel Corporation Long-Term Disability Plan, No. 3:23-CV-01087-AN, 2024 WL 687928 (D. Or. Feb. 16, 2024), Oregon District Judge Adrienne Nelson denied Intel Corp LTD Plan’s motion to…

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