In Excessive Fee and Fiduciary Investment Litigation Against Georgetown University, District Court Must Consider Participants’ Request for Leave to File Amended Complaint
In Excessive Fee and Fiduciary Investment Litigation Against Georgetown University, District Court Must Consider Participants’ Request for Leave to File Amended Complaint
Participants in the Georgetown University retirement plans who brought individual and representative class action ERISA breach of fiduciary duty claims against the University for alleged payment of excessive fees and…
Ninth Circuit Revives Breach of Fiduciary Duty Claim Against Employer for Failing to Notify Terminally Ill Employee of Loss of Life Insurance Coverage
In Estate of Foster through Foster v. Am. Marine SVS Grp. Benefit Plan, No. 20-35023, __F.App’x__, 2021 WL 461938 (9th Cir. Feb. 9, 2021), the Ninth Circuit Court of Appeals…
Tenth Circuit Affirms Decision that Lawsuit for ACI Coverage is Not Time-Barred; Denial of Coverage Is Not Arbitrary and Capricious
The Tenth Circuit Court of Appeals recently decided Weiss v. Banner Health, No. 19-1384, __F.App’x__, 2021 WL 461561 (10th Cir. Feb. 9, 2021), a case involving the denial of medical…
Second Circuit Upholds Dismissal of Breach of Fiduciary Duty Claims Against General Electric for Failing to Meet Dudenhoeffer Pleading Standard.
Varga v. General Electric Company, et al., No. 20-1144-CV, __F.App’x__, 2021 WL 391602 (2d Cir. Feb. 4, 2021) (Kearse, Pooler, Lynch, Circuit Judges). The Second Circuit considered an appeal brought…
District Court Finds MetLife Wrongfully Denied Disability Benefits for Bank of America Employee
If Metropolitan Life Insurance Company (“MetLife”) has denied your claim for long-term disability benefits, then the story behind this recent court decision, Hamid v. Metro. Life Ins. Co., No. 20-CV-01601-VC,…
Fifth Circuit Affirms Denial of AD&D Coverage for Amputation Caused by Preexisting Comorbidities
In Byerly v. Standard Ins. Co., No. 20-40302, __F.App’x__, 2021 WL 364243 (5th Cir. Feb. 2, 2021), Gregory Byerly had diabetes, peripheral neuropathy, and peripheral arterial disease. He stubbed his…
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