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ERISA Watch – Eleventh Circuit Rules That Pain and Spasm Symptoms Are Not Pre-existing Conditions for Long Term Disability Claim

ERISA Watch – Eleventh Circuit Rules That Pain and Spasm Symptoms Are Not Pre-existing Conditions for Long Term Disability Claim

This week’s notable decision, Horneland v. United Of Omaha Insurance Company, No. 16-16935, __F.App’x__, 2017 WL 5508496 (11th Cir. Nov. 17, 2017), is an unpublished decision from the Eleventh Circuit…

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ERISA Watch – Fourth Circuit Rules that Top-Hat Plan Can Change Crediting Rate Used to Calculate a Participant’s Payout

This week’s notable decision, Plotnick v. Computer Scis. Corp. Deferred Comp. Plan for Key Executives, No. 16-1606, __F.3d__, 2017 WL 5162581 (4th Cir. Nov. 8, 2017), required the Fourth Circuit…

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ERISA Watch – Plan Is Entitled to Recover Its Appellate Attorneys’ Fees for Time Spent Defending Fee Award

Last week’s notable decision was about attorneys’ fees.   This week’s notable decision is also about fees:  Micha v. Sun Life Assurance of Canada, Inc., No. 16-55053, __F.3d__, 2017 WL 4896481…

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ERISA Watch – Achieving a Remand to the Disability Plan Administrator Warrants Attorneys’ Fees under ERISA Section 502(g)

Show me the money!  Halloween is around the corner and this week’s notable decisions are scary, at least to ERISA plan administrators. This past week saw FOUR attorneys’ fee decisions…

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Bay Area Cancer Connections Presentation: Disability Benefits & Employment Leave Laws

Today, our attorney Michelle Roberts and our colleague, Kathy Chao, presented on disability benefits and employment leave laws at the Bay Area Cancer Connections in Palo Alto, CA.  To view…

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ERISA Watch – Court Rules That Disability Claimant Is Entitled to Discovery about Insurance Company’s Attorney-Client Communications

What do you get when you cross the band No Doubt, the singer Neil Young, and a financially conflicted disability insurance company? Give up? The answer:  An awesome discovery order.…

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