Third Circuit Finds ERISA Plan Abused Its Discretion Terminating Disability Benefits by Considering Wrong Job as Plaintiff’s Own Occupation
Third Circuit Finds ERISA Plan Abused Its Discretion Terminating Disability Benefits by Considering Wrong Job as Plaintiff’s Own Occupation
In Mullins v. Consol Energy, Inc. Long Term Disability Plan, No. 22-2930, __F.4th__, 2024 WL 3564555 (3d Cir. Mar. 22, 2024), an opinion issued on March 22, 2024, which the…
District Court Finds Unum Wrongfully Terminated Disability Benefits for Attorney Disabled After Breast Cancer Treatment
In Wessberg v. UNUM Life Insurance Company of America, No. CV 22-94 (JRT/DLM), 2024 WL 3444044 (D. Minn. July 15, 2024), District Judge John R. Tunheim, found in favor of…
Third Circuit Revives Excessive Fee Litigation, Finding Plaintiffs Adequately Allege Violation of ERISA Fiduciary Duties
In Kruchten v. Ricoh USA, Inc., et al., No. 23-1928, 2024 WL 3518308 (3d Cir. July 24, 2024), a nonprecedential opinion, the Third Circuit reversed the district court’s dismissal of…
Fifth Circuit Remands Challenge of DOL’s Final Rule Regarding ERISA Fiduciary Consideration of ESG Factors to the District Court in Light of Loper Bright Decision
In Utah v. Su, No. 23-11097, __F.4th__, 2024 WL 3451820 (5th Cir. July 18, 2024) (Before: Haynes, Willett, and Oldham, Circuit Judges), the Fifth Circuit returned the question of whether…
District Court Rules that Guardian Did Not Waive Its Right to Cancel Group Life Insurance Plan Due to Low Participation
In Edwards v. Guardian Life Insurance of America, No. 1:22-CV-145-KHJ-MTP, 2024 WL 3404606 (N.D. Miss. July 12, 2024), Mississippi Northern District Judge Kristi H. Johnson, granted summary judgment to defendant…
Fifth Circuit Permits Class Action to Proceed in ERISA Lawsuit Alleging Mismanagement of Benefit Plans
The Fifth Circuit Court of Appeals recently decided Chavez v. Plan Benefit Servs., Inc., No. 22-50368, __F.4th__, 2024 WL 3409147 (5th Cir. July 15, 2024). This case is a class…
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