ERISA Watch – Procedural Irregularities in Processing of Medical Benefit Claim Results in Exhaustion of Administrative Remedies and De Novo Review
ERISA Watch – Procedural Irregularities in Processing of Medical Benefit Claim Results in Exhaustion of Administrative Remedies and De Novo Review
This week’s notable decision is Easter v. Cayuga Med. Ctr. at Ithaca Prepaid Health Plan, No. 514CV1403BKSTWD, __F.Supp.3d__, 2016 WL 6820464 (N.D.N.Y. Nov. 15, 2016). There are a number of…
ERISA Watch – Long Term Disability Plan that Pays Benefits for Schizophrenia Must Also Pay for Schizoaffective Disorder
This week’s notable decision is Duncan v. Metro. Life Ins. Co., No. 2:15-CV-626TS, 2016 WL 6651317 (D. Utah Nov. 10, 2016), a victory for disability claimants. Duncan was diagnosed with…
ERISA Watch – Ninth Circuit Holds that DOT Definition of Sedentary Work Applies to ERISA Long Term Disability Claim
This week’s notable decision is a great one for disability claimants, at least those in the Ninth Circuit. In Armani v. Nw. Mut. Life Ins. Co., No. 14-56866, __F.3d__, 2016…
ERISA Watch – Six-figure Attorneys’ Fees Award Against Unsuccessful Plan Participant
This week’s scary notable decision is Langley v. Howard Hughes Mgmt. Co., LLC, Separation Benefits Plan, No. CV H-13-3595, 2016 WL 6208585 (S.D. Tex. Oct. 24, 2016), where the court…
ERISA Watch – Shhh! It’s the fiduciary exception to the attorney-client privilege
Good afternoon, folks! I’m not sure if Westlaw was down or if the ERISA Gods were paying me a solid knowing I was in Las Vegas this weekend, but there…
ERISA Watch – Alternative Pleading of Section 502(a)(1)(B) and 502(a)(3) Claims Is Permissible Post-Amara
This week’s notable decision highlights the recent controversy over a “P” word. That’s right, you guessed it: Pleading. Following the U.S. Supreme Court’s decision in CIGNA Corp. v. Amara, 563…
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