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Sixth Circuit Finds Health Plan Forfeited Argument Supporting Equitable Claim Over Personal Injury Settlement Funds

Sixth Circuit Finds Health Plan Forfeited Argument Supporting Equitable Claim Over Personal Injury Settlement Funds

In Sheet Metal Workers’ Health and Welfare Fund of North Carolina, v. Law Office of Michael A. Demayo, LLP, No. 21-5011, __F.4th__, 2021 WL 5984357 (6th Cir. Dec. 17, 2021),…

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Sixth Circuit Affirms Denial of Disability Benefits and Finds Claimant Sought Attorneys’ Fees for Remand Too Late

In Bustetter v. Standard Insurance Company, No. 21-5441, 2021 WL 5873159 (6th Cir. Dec. 13, 2021), Plaintiff-Appellant Lewis Bustetter appealed from the district court’s grant of judgment to Defendant-Appellee Standard…

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Third Circuit Lacks Jurisdiction Over Interlocutory Appeal of Order Finding ERISA Governs DuPont Pension Trust

In Wright v. Elton Corporation, et al., No. 20-3343, 2021 WL 5822306 (3d Cir. Dec. 7, 2021), the Third Circuit dismissed for lack of jurisdiction the interlocutory appeal of First…

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Fourth Circuit Reverses Win for Hartford in Dispute Over Long-Term Disability Benefits

The Fourth Circuit Court of Appeals issued a claimant-friendly decision in Shupe v. Hartford Life & Accident Ins. Co., No. 19-1854, __F.4th__, 2021 WL 5774728 (4th Cir. Dec. 7, 2021),…

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Fourth Circuit Reduces Damages Award in DOL Action Against ESOP Company Owner

In Walsh v. Vinoskey, __F.4th__, 2021 WL 5764250 (4th Cir. Dec. 6, 2021), a matter brought by the Secretary of Labor alleging ERISA violations against fiduciaries of an employee stock…

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Fifth Circuit Holds That Employee’s Retirement Constitutes a “Qualifying Event” and Triggers Employer’s COBRA Notice Obligation

In Randolph v. E. Baton Rouge Par. Sch. Sys., No. 21-30022, __F.4th__, 2021 WL 5577014 (5th Cir. Nov. 30, 2021), involving a dispute over Consolidated Omnibus Reconciliation Act of 1985…

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