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Fourth Circuit Joins Sixth, Eighth, and Ninth Circuits in Holding Punitive Damages Are Not Recoverable Under LRMA § 301 for Late Contribution Payments

Fourth Circuit Joins Sixth, Eighth, and Ninth Circuits in Holding Punitive Damages Are Not Recoverable Under LRMA § 301 for Late Contribution Payments

In Plumbers & Pipefitters Loc. 625 v. Nitro Constr. Servs., Inc., No. 20-2080, __F.4th__, 2022 WL 532946 (4th Cir. Feb. 23, 2022), the Fourth Circuit considered whether LMRA § 301…

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Eleventh Circuit Affirms Denial of Untimely Post-Judgment Motion for New Trial

In Clark v. IBM, No. 21-13181, 2022 WL 176136 (11th Cir. Jan. 20, 2022), a suit involving a claim for ERISA-governed benefits, the district court dismissed Plaintiff-Appellant Blondell Garner Clark’s…

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Seventh Circuit Affirms Doctor Did Not Have Valid Assignment to Pursue ERISA Statutory Penalty Claim Against Plan Administrator

W.A. Griffin v. Seven Corners, Inc., No. 21-2332, 2021 WL 6102167 (7th Cir. Dec. 22, 2021) (Before: Kanne, Rovner, and Hamilton, Circuit Judges). Plaintiff-Appellant W.A. Griffin is a dermatologist who…

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Sixth Circuit Finds Health Plan Forfeited Argument Supporting Equitable Claim Over Personal Injury Settlement Funds

In Sheet Metal Workers’ Health and Welfare Fund of North Carolina, v. Law Office of Michael A. Demayo, LLP, No. 21-5011, __F.4th__, 2021 WL 5984357 (6th Cir. Dec. 17, 2021),…

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Third Circuit: Reliance Standard’s Irregular Request for Outside Medical Reports to Deny Disability Claim Is an Abuse of Discretion

Yesterday, the Third Circuit Court of Appeals issued its decision in Noga v. Fulton Financial Corporation Employee Benefit Plan; Reliance Standard Life Insurance Company, No. 19-3855, __F.4th__, 2021 WL 5540848…

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Eighth Circuit Holds ERISA Does Not Preempt North Dakota Laws Regulating Pharmacy Benefits Managers

Pharm. Care Mgmt. Ass’n v. Wehbi, No. 18-2926, __F.4th__, 2021 WL 5355916 (8th Cir. Nov. 17, 2021) (Before Smith, Chief Judge, Gruender and Benton, Circuit Judges). On remand from the…

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