Eighth Circuit Court of Appeals Expands Rights for Long Term Disability Claimants
Eighth Circuit Court of Appeals Expands Rights for Long Term Disability Claimants
The past six years have witnessed significant developments in the remedies available under the Employee Retirement Income Security Act of 1974 (ERISA), a law once reputed to offer limited relief…
ERISA Watch – California Insurance Code Defeats Disability Policy’s Limitations Provision
This week’s notable decision is an awesome post-Heimeshoff contractual limitations case out of the great state of California: Gray v. United of Omaha Life Ins. Co., No. CV 16-7383 MWF…
ERISA Watch – Roberts Disability Law, P.C. Long Term Disability Claim Victory Against United of Omaha Life Insurance Company
There were two notable decisions this past week that we want to highlight: Tatum v. RJR Pension Investment Committee, et al., No. 16-1293, __F.3d__, 2017 WL 1531578 (4th Cir. Apr.…
ERISA Watch – Fifth Circuit Holds That Firestone Requires Deference to Administrator’s Factual Determinations Even under De Novo Review
This week’s notable decision is Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174, __F.3d__, 2017 WL 1423765 (5th Cir. Apr. 21, 2017), where the court affirmed a…
ERISA Watch – “Independent” Doctor May be Deposed on De Novo Review
The Easter bunny brought more than just candy this year, it delivered a golden egg of a discovery decision in Harding v. Hartford Life & Accident Ins. Co., No. 16-CV-6700,…
ERISA Watch – Third Circuit Holds: Secretary of Labor Is Not Bound by Private Litigation Results
This was the week for decisions in cases involving breach of fiduciary duty claims. The most notable one is the Third Circuit’s decision in Sec’y United States Dep’t of Labor…
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