ERISA Watch – Achieving a Remand to the Disability Plan Administrator Warrants Attorneys’ Fees under ERISA Section 502(g)
ERISA Watch – Achieving a Remand to the Disability Plan Administrator Warrants Attorneys’ Fees under ERISA Section 502(g)
Show me the money! Halloween is around the corner and this week’s notable decisions are scary, at least to ERISA plan administrators. This past week saw FOUR attorneys’ fee decisions…
ERISA Watch – Seventh Circuit Validates ERISA Plan’s Forum Selection Clause
To sue or not to sue, where is the venue? The Seventh Circuit Court of Appeals says it is wherever the employee benefit plan says it is. In In re…
ERISA Watch – Beware of Social Media If You’re a Long Term Disability Claimant
“Lordy, I hope there are tapes,” said no plaintiff's attorney ever. This week’s notable decision is an unfortunate one out of the Fifth Circuit Court of Appeals. It highlights the…
ERISA Watch – Court Recognizes Disabling Impact of Fibromyalgia in Long Term Disability Case
This week's notable decision is out of the Seventh Circuit Court of Appeals in Kennedy v. The Lilly Extended Disability Plan, No. 16-2314, __F.3d__, 2017 WL 2178091 (7th Cir. May 18,…
District Court Issues Instructive Opinion Regarding ERISA and Discovery
Discovery is the pre-trial process that allows the parties to obtain certain evidence for use in a legal case. Indeed, discovery is critically important as it allows parties to get…
Bay Area Software Engineer Files Lawsuit After PTSD-related Disability Claim is Denied
According to reporting from the Northern California Record, Christopher Kane, a San Jose software engineer of Apple, recently filed a lawsuit claiming that he has been wrongfully denied his long…
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