ERISA Watch – California Ban on Discretion Is Not Preempted by ERISA
ERISA Watch – California Ban on Discretion Is Not Preempted by ERISA
We are pleased to report this week’s notable decision, Orzechowski v. The Boeing Company Non-Union Long Term Disability Plan, No. 14-55919, __F.3d__, 2017 WL 1947883 (9th Cir. May 11, 2017),…
ERISA Watch – California Insurance Code Defeats Disability Policy’s Limitations Provision
This week’s notable decision is an awesome post-Heimeshoff contractual limitations case out of the great state of California: Gray v. United of Omaha Life Ins. Co., No. CV 16-7383 MWF…
ERISA Watch – Roberts Disability Law, P.C. Long Term Disability Claim Victory Against United of Omaha Life Insurance Company
There were two notable decisions this past week that we want to highlight: Tatum v. RJR Pension Investment Committee, et al., No. 16-1293, __F.3d__, 2017 WL 1531578 (4th Cir. Apr.…
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…
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