ERISA Watch – Six-figure Attorneys’ Fees Award Against Unsuccessful Plan Participant
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…
ERISA Watch – Former Employee Participants May Proceed on Claims Challenging ESOP Plan Amendment Forcing Their Sale of Stock
This morning's cup of joe was provided courtesy of colleagues Joe Barton of Cohen Milstein Sellers & Toll (D.C.), and Dan Feinberg of Feinberg, Jackson, Worthman, & Wasow (Oakland), Plaintiffs' counsel…
ERISA Watch – Court Denies Attorneys’ Fees to Prevailing Insurance Company Defendant In Long Term Disability Benefit Dispute
Let’s talk money. This week’s notable decision, Geiger v. Aetna Life Ins. Co., No. 15-CV-3791, 2016 WL 5391206 (N.D. Ill. Sept. 27, 2016), involves Aetna Life Insurance Company’s failed attempt…
ERISA Watch – Certified for Interlocutory Appeal at the Third Circuit Is Whether an ERISA Plan’s Reimbursement Terms Supersede a Third Party Attorney’s Claim for Fees
This past week there were a couple of notable decisions in the subrogation/reimbursement context. In UnitedHealth Grp. Inc. v. MacElree Harvey, Ltd., No. CV 16-1026, 2016 WL 5239675 (E.D. Pa.…
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