Sixth Circuit Reverses Judgment for Employer in Plan Contributions Dispute Due to Ambiguity of “Outside Telephone Work” In Supplement to CBA
Sixth Circuit Reverses Judgment for Employer in Plan Contributions Dispute Due to Ambiguity of “Outside Telephone Work” In Supplement to CBA
In National Electrical Annuity Plan v. Henkels & McCoy, Inc., No. 20-1024, __F.App’x__, 2021 WL 567868 (6th Cir. Feb. 16, 2021), Plaintiff National Electrical Annuity Plan (“NEAP”) seeks over $350,000 in…
District Court Rules Occupational Injury Benefit Plan Only Covering a Sole Proprietor Is Not an ERISA Plan
In Juanopulos v. Salus Claims Mgmt. LLC, No. 4:20-CV-01394, __F.Supp.3d__, 2021 WL 520453 (S.D. Tex. Feb. 9, 2021), in deciding a motion to remand the matter to state court, the…
Sixth Circuit Upholds Denial of Accidental Death Benefits Where Leukemia Contributed to Death
Duncan v. Minnesota Life Ins. Co., No. 20-3512, 2021 WL 494709 (6th Cir. Feb. 10, 2021) is a case that involves an accidental death policy governed by ERISA that excludes…
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…
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