ERISA Watch – Court Rules That Medical Plan Improperly Asserted Subrogation Lien to Deny Benefits
ERISA Watch – Court Rules That Medical Plan Improperly Asserted Subrogation Lien to Deny Benefits
This week’s notable decision is Sadowski v. Tuckpointers Local 52 Health & Welfare Trust, No. 16 C 11014, __F.Supp.3d__, 2017 WL 6549759 (N.D. Ill. Dec. 20, 2017), a case in…
ERISA Watch – Sixth Circuit Declines to Adopt “Substantial Compliance” Test for Requirements of a Qualified Domestic Relations Order
This week’s notable decision is Sun Life Assurance Co. of Canada v. Jackson, No. 17-3120, __F.3d__, 2017 WL 6347728 (6th Cir. Dec. 13, 2017), where the Sixth Circuit determined that…
ERISA Watch – Post CIGNA Corp. v. Amara, Are Circuit Courts Split on Simultaneous Pleading of ERISA Claims for Benefits and Equitable Relief?
This week’s notable decision, Swenson v. United of Omaha Life Ins. Co., No. 17-30374, __F.3d__, 2017 WL 5988351 (5th Cir. Dec. 4, 2017), involves ERISA preemption and simultaneous pleading of…
ERISA Watch – Court Certifies Class Action Against Citigroup 401(k) Plan Fiduciaries For Alleged Violations of Self-Dealing and Imprudent Conduct
This week’s notable decision is a class certification decision in Leber v. The Citigroup 401(k) Plan Investment Committee, et al, No. 07-CV-9329 (SHS), __F.R.D.__, 2017 WL 5664850 (S.D.N.Y. Nov. 27,…
ERISA Watch – Third Circuit Holds that Plan Participant Bargaining Power Is Not a Substantive Element of a Top-Hat Plan
This week’s notable decision is Sikora v. UPMC, No. 17-1288, __F.3d__, 2017 WL 5642407 (3d Cir. Nov. 24, 2017), where the Third Circuit joined the First Circuit, and departed from…
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v. United Of Omaha Insurance Company, No. 16-16935, __F.App’x__, 2017 WL 5508496 (11th Cir. Nov. 17, 2017), is an unpublished decision from the Eleventh Circuit…
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