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ERISA Watch – First Circuit Holds that Claimant Is Disabled by RSD and Fibromyalgia; Sanctions against Her Attorney for Threatening to Sue Insurer’s “Independent” Doctor Are Not Warranted.

ERISA Watch – First Circuit Holds that Claimant Is Disabled by RSD and Fibromyalgia; Sanctions against Her Attorney for Threatening to Sue Insurer’s “Independent” Doctor Are Not Warranted.

This week’s notable decision is Gross v. Sun Life Assurance Co. of Canada, No. 16-1958, __F.3d__, 2018 WL 460203 (1st Cir. Jan. 18, 2018).  It’s jam packed with lots of…

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ERISA Watch – Court Denies Insurer Equitable Trust over Erroneously Paid Life Insurance Benefits Since It Seeks Unavailable “Legal” Relief

This weeks’ notable decision is Opheim v. Standard Ins. Co., No. C 16-4145-MWB, __F.Supp.3d__, 2018 WL 396231 (N.D. Iowa Jan. 9, 2018).  In this matter, Plaintiff Opheim seeks payment of…

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ERISA Watch – Sixth Circuit Adopts Boston Harbor Market-Participation Doctrine to ERISA Preemption

This week’s notable decision is from the land of ERISA preemption:  Allied Constr. Indus. v. City of Cincinnati, No. 16-4248, __F.3d__, 2018 WL 283775 (6th Cir. Jan. 4, 2018).  The…

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ERISA Watch – Disability Insurer Must Consider Physical and Mental Stress of Occupation

This week's notable decision is Popovich v. Metro. Life Ins. Co., No. CV1509791ABMRWX, __F.Supp.3d__, 2017 WL 6546920 (C.D. Cal. Dec. 21, 2017) (Judge Andre Birotte Jr.).  On de novo review, the…

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ERISA Watch – Court Rules That Medical Plan Improperly Asserted Subrogation Lien to Deny Benefits

This week’s notable decision is Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, No. 16 C 11014, __F.Supp.3d__, 2017 WL 6549759 (N.D. Ill. Dec. 20, 2017), a case in…

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ERISA Watch – Sixth Circuit Declines to Adopt “Substantial Compliance” Test for Requirements of a Qualified Domestic Relations Order

This week’s notable decision is Sun Life Assurance Co. of Canada v. Jackson, No. 17-3120, __F.3d__, 2017 WL 6347728 (6th Cir. Dec. 13, 2017), where the Sixth Circuit determined that…

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