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Fourth Circuit Finds Company Did Not Properly Eliminate ERISA Severance Plan Prior to Mass Layoff

Fourth Circuit Finds Company Did Not Properly Eliminate ERISA Severance Plan Prior to Mass Layoff

Messer v. Bristol Compressors Int’l, LLC, No. 21-2363, 2023 WL 2759052 (4th Cir. Apr. 3, 2023) involves a class action under the Worker Adjustment and Retraining Notification Act of 1988…

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Eighth Circuit Affirms Denial of Disability Pension Where Claimant Failed to Submit Social Security Disability Notice of Award with Application for Pension Benefits

Ruessler v. Boilermaker-Blacksmith Nat’l Pension Tr. Bd. of Trustees, No. 21-3876, __F.4th__, 2023 WL 2750829 (8th Cir. Apr. 3, 2023) involves a challenge of a denial of disability pension benefits…

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District Court Finds Unum Improperly Determined That Plaintiff’s Disability Arose From A Psychological As Opposed To A Physical Condition

In Berg v. Unum Life Insurance Company of America, 2023 WL 2619015 (E.D. Mich. Mar. 23, 2023), Michigan Eastern District Judge Terrence G. Berg granted judgment to Plaintiff finding that…

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District Court Permits Filing of Counterclaim for Overpayment of ERISA Benefits Based on Purported “Equitable Lien”

In Radle v. Unum Life Insurance Company of America, No. 4:21CV1039 HEA, 2023 WL 2662876 (E.D. Mo. Mar. 28, 2023), Michael Radle filed an action against Unum, alleging that it…

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Court Finds Hartford Abused Its Discretion in Denying Attorney’s Long Term Disability Claim but Gives Hartford Second Bite at the Apple

A recent decision, O’Connell v. Hartford Life and Accident Insurance Company, No. 21-CV-10587-AK, 2023 WL 2633789 (D. Mass. Mar. 24, 2023), illustrates the great lengths an insurer will take to…

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Seventh Circuit Revives ERISA Breach of Fiduciary Duty Claims Against Northwestern University for Alleged Mismanagement of Retirement Plans

On remand from the U.S. Supreme Court’s opinion in Hughes v. Nw. Univ., 211 L. Ed. 2d 558, 142 S. Ct. 737 (2022), the Seventh Circuit in Hughes v. Nw.…

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