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Ninth Circuit Revives Breach of Fiduciary Duty Claims Against Boeing for Failing to Investigate Dependent Life Insurance Coverage

Ninth Circuit Revives Breach of Fiduciary Duty Claims Against Boeing for Failing to Investigate Dependent Life Insurance Coverage

In McIver v. Metropolitan Life Insurance Company, et al., No. 23-55306, 2024 WL 4144075 (9th Cir. Sept. 11, 2024), an unpublished decision, the Ninth Circuit reversed and remanded this case…

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Eighth Circuit Upholds Dismissal of ERISA Lawsuit Alleging Excessive Recordkeeping Fees

In Barrett v. O’Reilly Auto., Inc., No. 23-2501, __F.4th__, 2024 WL 3980839 (8th Cir. Aug. 29, 2024) (Before: Benton, Arnold, and Stras, Circuit Judges), the Eighth Circuit affirmed the district…

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District Court Finds Unum Erred in Terminating Cancer Patient’s Claim for Partial Disability Benefits

In Hardy v. Unum Life Ins. Co. of Am., No. 23-CV-563 (JRT/JFD), 2024 WL 4043540 (D. Minn. Sept. 4, 2024), on cross-motions for judgment pursuant to FRCP Rule 52, Minnesota…

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District Court Finds Plaintiff-Physician Was Disabled Due to Underlying Medical Conditions and Risk of Exposure to COVID-19

In Downs v. Unum Life Insurance Company of America, No. 23-CV-01643-RS, 2024 WL 3908106 (N.D. Cal. Aug. 19, 2024), on cross-motions for judgment pursuant to FRCP Rule 52, California Northern…

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Sixth Circuit Affirms Denial of Attorneys’ Fee to Successful Plaintiff in ERISA Suit Due to Attorneys’ Failure to Itemize Time

In Messing v. Provident Life & Accident Ins. Co., No. 23-1824, 2024 WL 3950239 (6th Cir. Aug. 27, 2024), the Sixth Circuit considered the Plaintiff’s challenge to the district court’s…

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Eighth Circuit: ERISA Health Plan’s Counterclaim Seeking Equitable Right to Settlement Funds Does Not Establish Subject-Matter Jurisdiction in Federal District Court

In Kellum v. Gilster-Mary Lee Corp. Grp. Health Benefit Plan, No. 23-2765, __F.4th__, 2024 WL 3930833 (8th Cir. Aug. 26, 2024), a dispute where a self-funded health plan removed an…

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