Fifth Circuit Holds Medical Provider Tort Claim Against NFL Is Preempted by ERISA
Fifth Circuit Holds Medical Provider Tort Claim Against NFL Is Preempted by ERISA
In Advanced Physicians, S.C. v. National Football League, No. 20-10998, __F.App’x__, 2021 WL 2773112 (5th Cir. July 1, 2021), the Fifth Circuit affirmed the district court’s (N.D. Tex) dismissal of…
Fifth Circuit Rules for ERISA Claimant Where Disability Claim Straddles Two Insurance Companies That Both Deny Coverage
What happens when an employee becomes disabled during a period when his employer switches long-term disability carriers and both carriers disclaim coverage? In Talamantes v. Metro. Life Ins. Co., No.…
Fifth Circuit Affirms Denial of Retirement Benefits and Dismissal of ERISA-estoppel Claim
In Clark v. Certainteed Salaried Pension Plan, et al., No. 20-30059, __F.App’x__, 2021 WL 2620557 (5th Cir. June 24, 2021), Plaintiff-Appellant Terry Clark sought retirement benefits under the Saint-Gobain Retirement…
Fourth Circuit Revives ERISA Claims Against Aetna and Optum for “Buried” Service Fees Charged to Self-Funded Health Plans
In Peters v. Aetna Inc., No. 19-2085, __F.3d__, 2021 WL 2546412 (4th Cir. June 22, 2021), a putative class action, the Fourth Circuit revived ERISA breach of fiduciary duty and…
Fifth Circuit Affirms Denial of Deceased Ex-Spouse’s Retirement Benefits
In Chetlin v. Exxon Mobil Oil Corporation, No. 20-20641, __F.App’x__, 2021 WL 2492771 (5th Cir. June 17, 2021), Plaintiff-Appellant Medora Chetlin filed suit under ERISA against Defendant Exxon Mobil Oil…
Eighth Circuit Denies Appointment of Impartial Umpire to Resolve Dispute Over Payment of Attorneys’ Fees from Welfare Trust
In Gillick v. Elliott, No. 20-1686, __F.3d__, 2021 WL 2446787 (8th Cir. June 16, 2021), Appellants are employer-appointed trustees of the Greater St. Louis Construction Laborers Welfare Trust (“Trust”) established…
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