Your ERISA Watch – Another One Bites the Dust: Fifth Circuit Rules that Putative Class Action Fails to Meet Dudenhoeffer Standard
Your ERISA Watch – Another One Bites the Dust: Fifth Circuit Rules that Putative Class Action Fails to Meet Dudenhoeffer Standard
In what was conservatively good news for plan participants, the U.S. Supreme Court in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459, 189 L. Ed. 2d 457 (2014) held…
ERISA Watch – In Matter of First Impression, Seventh Circuit Rules that ERISA Does Not Preempt the Illinois Slayer Statute
This week’s notable decision is Laborers’ Pension Fund v. Miscevic, No. 17-2022, __F.3d__, 2018 WL 578775 (7th Cir. Jan. 29, 2018). In this case, Zeljko Miscevic worked as a union…
ERISA Watch – Play or Pay – Claimants and Administrators Must See the Administrative Process Through
Follow me to Tennessee! This week’s notable decisions are far apart on the spectrum, yet more similar than you might think, and not just because they’re both out of Tennessee…
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…
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…
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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