Ninth Circuit: Denial of Attorneys’ Fees Was Not Abuse of District Court Discretion Where DOL Was Substantially Justified in Trial Position in ERISA Lawsuit
Ninth Circuit: Denial of Attorneys’ Fees Was Not Abuse of District Court Discretion Where DOL Was Substantially Justified in Trial Position in ERISA Lawsuit
In Su v. Bowers, No. 22-15378, __F.4th__, 2023 WL 7009599 (9th Cir. Oct. 25, 2023) (Before: Bea, Collins, Lee) (concurrence and partial dissent by Collins), the Ninth Circuit considered whether…
District Court Denies Cross-Motions on Standard of Review in Favor of Eleventh Circuit’s Six-Step Framework for Evaluating ERISA Benefit Actions
In Davis v. United of Omaha Life Insurance Company, No. 6:23-CV-57-ACA, 2023 WL 6849438 (N.D. Ala. Oct. 17, 2023), Alabama Northern District Judge Annemarie Carney Axon denied both parties’ motions…
District Court Finds LINA Improperly Denied Plaintiff’s Long Term Disability Claim, After Awarding Short Term Disability Benefits Under the Same Definition of Disability
In Reynolds v. Life Insurance Company of North America, No. C21-1424 TSZ, 2023 WL 6541328 (W.D. Wash. Oct. 6, 2023), Washington Western District Judge Thomas S. Zilly granted judgment to…
Fifth Circuit Reverses Win for NFL Player Seeking Higher Tier of Disability Benefits under NFL Player Retirement Plan
In Cloud v. Bert Bell/Pete Rozelle NFL Player Ret. Plan, 83 F.4th 423 (5th Cir. 2023), the Fifth Circuit Court of Appeals reversed the district court’s award of additional disability…
Ninth Circuit: Non-Provider Assignee Lacks Standing to Sue Insurance Carriers for Benefits under ERISA
In ABC Services Group, Inc. v. Aetna Health and Life Insurance Company; et al., No. 22-55631, 2023 WL 6532648 (9th Cir. Oct. 6, 2023), the Ninth Circuit affirmed the district…
District Court Finds State Law Restricting Contractual Limitations Clause in MetLife’s Disability and Life Insurance Plans Is Not Preempted By ERISA
In Marshall v. Metropolitan Life Insurance Company, No. 22-CV-12218, 2023 WL 6388630 (E.D. Mich. Sept. 22, 2023), Michigan Eastern District Judge Shalina D. Kumar denied MetLife’s motion to dismiss Plaintiff’s…
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