Sixth Circuit Rules in Favor of Former Attorney on Long-Term Disability Claim; Affirms Dismissal of Counterclaim for Overpaid Benefits
Sixth Circuit Rules in Favor of Former Attorney on Long-Term Disability Claim; Affirms Dismissal of Counterclaim for Overpaid Benefits
Yesterday, the Sixth Circuit Court of Appeals issued its decision in Messing v. Provident Life and Accident Insurance Company, No. 21-2780, __F.4th__, 2022 WL 4115873 (6th Cir. Sept. 9, 2022).…
Eleventh Circuit Finds ERISA Lawsuit Time-Barred Based on Benefit Plan’s Contractual Limitations Period
In Bakos v. Unum Life Insurance Company of America, No. 22-11131, 2022 WL 3696648 (11th Cir. Aug. 25, 2022), a dispute over long-term disability benefits, the Eleventh Circuit affirmed the…
Fourth Circuit Affirms United Mutual of Omaha’s Denial of Long-Term Disability Benefits Based on Insufficient Information
In Shaw v. United Mutual of Omaha Life Insurance Company of America, No. 21-1818, 2022 WL 3369525 (4th Cir. Aug. 16, 2022), Plaintiff-Appellant Paramount Shaw appealed from the district court’s…
Eleventh Circuit Denies Pro Se Litigant Rule 60 Relief from Judgment on ERISA Breach of Fiduciary Duty Claim
In Perras v. The Coca-Cola Company of North America, No. 21-13908, 2022 WL 3269970 (11th Cir. Aug. 11, 2022), pro se litigant David Perras appealed the district court’s denial of…
Eleventh Circuit Blocks Attorney with Parkinson’s Disease from Collecting Benefits Under Two Disability Insurance Policies
Today's decision in Stewart v. Hartford Life and Accident Insurance Company, No. 21-11919, __F.4th__, 2022 WL 3221296 (11th Cir. Aug. 10, 2022) presents a somewhat novel claim made by a…
Eleventh Circuit: Under De Novo Review of an ERISA Benefit Decision, District Court Cannot Limit Review to the “Administrative Record”
In Harris v. The Lincoln National Life Insurance Company, Lincoln Life Assurance Company of Boston, No. 21-13186, __F.4th__, 2022 WL 3009199 (11th Cir. July 29, 2022), the Eleventh Circuit issued…
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