ERISA Watch – Fifth Circuit Holds That Firestone Requires Deference to Administrator’s Factual Determinations Even under De Novo Review
ERISA Watch – Fifth Circuit Holds That Firestone Requires Deference to Administrator’s Factual Determinations Even under De Novo Review
This week’s notable decision is Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174, __F.3d__, 2017 WL 1423765 (5th Cir. Apr. 21, 2017), where the court affirmed a…
ERISA Watch – “Independent” Doctor May be Deposed on De Novo Review
The Easter bunny brought more than just candy this year, it delivered a golden egg of a discovery decision in Harding v. Hartford Life & Accident Ins. Co., No. 16-CV-6700,…
Diagnosis is Not Always Sufficient to Establish a Disability
On January 26th, 2017, the United States District Court for the District of Nevada issued an instructive decision in the case of Decovich v. Venetian Casino Resort, LLC. This case…
ERISA Watch – Court Applies Strict Requirement to Exhausting Administrative Remedies: “take this letter as an appeal” Is Not Enough
There were so many notable decisions this past week, that like a kid in the candy store, I had trouble picking just one. So, I’m highlighting two decisions, that no…
ERISA Watch – Long Term Disability Insurer Erred by Considering an Environmental Lawyer’s Occupation to be a “Generic” Lawyer.
This week's notable ERISA decision is a nice win reported at Jane Doe v. Standard Insurance Company, No. 16-2085, __F.3d__, 2017 WL 1101609 (1st Cir. Mar. 24, 2017). Doe was…
ERISA Watch – Sixth Circuit Court of Appeals Holds That Exhaustion Is Not Required for Statutory Violations
This week’s notable decision is Brundle v. Wilmington Trust N.A., No. 115CV1494LMBIDD, 2017 WL 979106 (E.D. Va. Mar. 13, 2017), where the court found that the defendant engaged in a prohibited transaction…
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