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Fifth Circuit Affirms Denial of Retirement Benefits and Dismissal of ERISA-estoppel Claim

Fifth Circuit Affirms Denial of Retirement Benefits and Dismissal of ERISA-estoppel Claim

In Clark v. Certainteed Salaried Pension Plan, et al., No. 20-30059, __F.App’x__, 2021 WL 2620557 (5th Cir. June 24, 2021), Plaintiff-Appellant Terry Clark sought retirement benefits under the Saint-Gobain Retirement…

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Fourth Circuit Revives ERISA Claims Against Aetna and Optum for “Buried” Service Fees Charged to Self-Funded Health Plans

In Peters v. Aetna Inc., No. 19-2085, __F.3d__, 2021 WL 2546412 (4th Cir. June 22, 2021), a putative class action, the Fourth Circuit revived ERISA breach of fiduciary duty and…

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Fifth Circuit Affirms Denial of Deceased Ex-Spouse’s Retirement Benefits

In Chetlin v. Exxon Mobil Oil Corporation, No. 20-20641, __F.App’x__, 2021 WL 2492771 (5th Cir. June 17, 2021), Plaintiff-Appellant Medora Chetlin filed suit under ERISA against Defendant Exxon Mobil Oil…

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Eighth Circuit Denies Appointment of Impartial Umpire to Resolve Dispute Over Payment of Attorneys’ Fees from Welfare Trust

In Gillick v. Elliott, No. 20-1686, __F.3d__, 2021 WL 2446787 (8th Cir. June 16, 2021), Appellants are employer-appointed trustees of the Greater St. Louis Construction Laborers Welfare Trust (“Trust”) established…

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In ERISA Dispute, District Court Orders Hartford to Produce Discovery Concerning Financial Conflict of Interest

In Feltington v. Hartford Life Insurance Company, No. 14CV6616GRBAKT, 2021 WL 2474213 (E.D.N.Y. June 17, 2021), a dispute involving a denial of long-term disability benefits under a plan governed by…

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EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination

Yesterday, Eric Berger, Acting Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefits Security Administration (EBSA) issued an informational letter concerning…

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