Seventh Circuit Finds Charter School Benefit Plans Fall Under ERISA’s Governmental Plan Exemption
Seventh Circuit Finds Charter School Benefit Plans Fall Under ERISA’s Governmental Plan Exemption
In Graham v. Bd. of Educ., No. 19-2745, __F.4th__, 2021 WL 3508563 (7th Cir. Aug. 10, 2021), Plaintiff-Appellant Tamika Graham, representing herself pro se, appealed the dismissal of her complaint…
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…
Ninth Circuit Reverses District Court’s Determination that Claimant Waived Life Insurance Waiver of Premium Claim
If you have a claim for long-term disability benefits under an employer-provided plan governed by the Employee Retirement Income Security Act ("ERISA"), it is possible that you may qualify or…
In Life Insurance Dispute, Tenth Circuit Declines to Adopt Blanket Duty of Investigation Rule for ERISA Claims Administrators
In Stachmus v. Guardian Life Ins. Co. of Am., No. 20-7019, __F.App’x__, 2021 WL 1590006 (10th Cir. Apr. 23, 2021), Plaintiff-Appellant, Michael Erick Stachmus, sought to overturn the district court’s…
District Court Holds Montana’s Slayer Statute is Not Preempted by ERISA
In Hartford Life Insurance Company v. LeCou, et al., No. CV 19-17-BLG-SPW, 2021 WL 1312516 (D. Mont. Apr. 8, 2021), the US District Court for the District of Montana considered…
Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority
In Lyn M. v. Premera Blue Cross, 966 F.3d 1061, 1065 (10th Cir. 2020), a case involving the denial of ERISA-governed medical benefits, the three-judge panel including Judges Lucero, Bacharach,…
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