ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable
ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable
This week’s notable decision is Sec’y, U.S. Dep’t of Labor v. Preston, No. 17-10833, __F.3d__, 2017 WL 4545962 (11th Cir. Oct. 12, 2017), a colorful opinion penned by Circuit Judge…
Sjogren’s Syndrome and Your Long Term Disability Claim
Sjogren’s (SHOW-grins) syndrome is no stranger to some of our Bay Area ERISA clients. Attorneys not familiar with this condition or with ERISA law often find themselves way in over…
ERISA Watch – AD&D and Life Insurance Policy Benefits Not Payable for Loss of Eye Caused by Fungal Infection
In Ramirez v. United of Omaha Life Ins. Co., No. 16-11660, __F.3d__, 2017 WL 4455267 (5th Cir. Oct. 6, 2017), the Fifth Circuit affirmed the district court’s grant of summary…
ERISA Watch – Former Attorney Entitled to Long Term Disability Benefits Despite Ability to Walk Dog
“This would come as something of a surprise to the nation’s law students, that the threshold requirement for practicing law is based on the ability to walk a dog.” –…
ERISA Watch – Ninth Circuit Rules That MetLife Waived Evidence of Insurability Requirement in Life Insurance Dispute
Can an insurance company waive its requirement of evidence of insurability? According to the Ninth Circuit Court of Appeals: Yes. In Salyers v. Metro. Life Ins. Co., No. 15-56371, __F.3d__,…
ERISA Watch – Third Circuit Upholds Retirement Plan Administrator’s Interpretation of “Ambiguous” Plan Terms
What do you do when a 277-page retirement plan fails to explicitly address a retiree’s specific situation? You give deference to the plan administrator’s reasonable interpretation of ambiguous plan terms. …
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