Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority
Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority
In Lyn M. v. Premera Blue Cross, 966 F.3d 1061, 1065 (10th Cir. 2020), a case involving the denial of ERISA-governed medical benefits, the three-judge panel including Judges Lucero, Bacharach,…
Eleventh Circuit Holds that ERISA’s Fee-Shifting Provision Cannot Support a Fee Award Against Counsel
Yesterday, in Peer v. Liberty Life Assurance Co. of Bos., No. 19-13974, __F.3d__, 2021 WL 1257440 (11th Cir. Apr. 6, 2021) , the Eleventh Circuit reversed the district court’s award…
Eighth Circuit Upholds Unum’s Interpretation of “Crime” Exclusion in AD&D Policy to Death Caused By Illegal Speeding and Passing Vehicles
In a dispute over the payment of accidental death benefits, Boyer v. Schneider Elec. Holdings, Inc., No. 19-3144, __F.3d__, 2021 WL 1244397 (8th Cir. Apr. 5, 2021), the Eighth Circuit…
Ninth Circuit Reaffirms: Ability to Sit for Four Hours a Day Means a Claimant Can Perform “Any Occupation” Under Disability Policy
In this short unpublished opinion, McCool v. Life Insurance Company of North America, No. 18-56529, __F.App’x__, 2021 WL 1235842 (9th Cir. Apr. 2, 2021), the Ninth Circuit affirmed the district…
Eighth Circuit Holds Arkansas Law Banning Discretionary Clauses Does Not Apply to Disability Insurance Policy Renewed Prior to Law’s Effective Date
In Roebuck v. USAble Life, No. 19-1855, __F.3d__, 2021 WL 1216217 (8th Cir. Apr. 1, 2021), Plaintiff-Appellant Karen Roebuck appealed the district court’s order holding that USAble Life did not…
Ninth Circuit Denies Writ of Mandamus Challenging Court’s Order to Transfer Case Pursuant to ERISA Plan’s Forum Selection Clause
In re Becker, No. 20-72805, __F.3d__, 2021 WL 1219745 (9th Cir. Apr. 1, 2021) (Before Siler, Rawlinson, and Bumatay). The Ninth Circuit denied Becker’s petition for a writ of mandamus…
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