In ERISA Dispute, District Court Orders Hartford to Produce Discovery Concerning Financial Conflict of Interest
In ERISA Dispute, District Court Orders Hartford to Produce Discovery Concerning Financial Conflict of Interest
In Feltington v. Hartford Life Insurance Company, No. 14CV6616GRBAKT, 2021 WL 2474213 (E.D.N.Y. June 17, 2021), a dispute involving a denial of long-term disability benefits under a plan governed by…
EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination
Yesterday, Eric Berger, Acting Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefits Security Administration (EBSA) issued an informational letter concerning…
Tenth Circuit Affirms District Court’s Damages Calculation in 401(k) Breach of Fiduciary Duty Litigation
The Tenth Circuit Court of Appeals recently decided Ramos v. Banner Health, et al., No. 20-1231, __F.3d__, 2021 WL 2387909 (10th Cir. June 11, 2021). This case involves a class…
Ninth Circuit Bars Defensive Use of Equitable Estoppel When It Would Result in Contradiction of an ERISA Plan’s Express Terms
In Wong v. Flynn-Kerper, No. 19-56289, __F.3d__, 2021 WL 2307485 (9th Cir. June 7, 2021), the Ninth Circuit considered for the first time whether a defense of equitable estoppel is…
Second Circuit Finds Home Health Aides Lack Standing for ERISA Claims Based on Alleged Violation of New York Wage Parity Law
In Gonzalez De Fuente v. Preferred Home Care Of New York LLC, et al., No. 20-3985-CV, __F.App’x__, 2021 WL 2308786 (2d Cir. June 7, 2021), Plaintiff-Appellants, certified home health aides…
Fifth Circuit Finds Disability Policy’s “Transfer of Insurance Coverage” Provision Applies to Employee on Disability Leave on Policy’s Effective Date
In Miller v. Reliance Standard Life Insurance Company, No. 20-30240, __F.3d__, 2021 WL 2221347 (5th Cir. June 2, 2021), the Fifth Circuit decided an issue that arises when an employer…
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