ERISA Watch – Court Denies Attorneys’ Fees to Prevailing Insurance Company Defendant In Long Term Disability Benefit Dispute
ERISA Watch – Court Denies Attorneys’ Fees to Prevailing Insurance Company Defendant In Long Term Disability Benefit Dispute
Let’s talk money. This week’s notable decision, Geiger v. Aetna Life Ins. Co., No. 15-CV-3791, 2016 WL 5391206 (N.D. Ill. Sept. 27, 2016), involves Aetna Life Insurance Company’s failed attempt…
ERISA Watch – Certified for Interlocutory Appeal at the Third Circuit Is Whether an ERISA Plan’s Reimbursement Terms Supersede a Third Party Attorney’s Claim for Fees
This past week there were a couple of notable decisions in the subrogation/reimbursement context. In UnitedHealth Grp. Inc. v. MacElree Harvey, Ltd., No. CV 16-1026, 2016 WL 5239675 (E.D. Pa.…
ERISA Watch – Fifth Circuit Holds That Statutory Right to “Proper Plan Management” Under ERISA Does Not Confer Article III Standing
Happy Tuesday! This week’s notable decision is Lee v. Verizon Commc’ns, Inc., No. 14-10553, __F.3d__, 2016 WL 4926159 (5th Cir. Sept. 15, 2016). Lee involves a certified class action of…
ERISA Watch – Group Health Plan’s New York Choice-of-Law Provision Trumps California Law
Unfortunately, this week’s notable decision is a loss for California’s ban on discretionary clauses. In Bain v. United Healthcare Inc., No. 15-CV-03305-EMC, 2016 WL 4529495 (N.D. Cal. Aug. 30, 2016),…
Is The Independent Physician Consultant Evaluating Your Long Term Disability Claim Truly Neutral?
What might not be obvious to the average San Francisco Bay Area consumer is a daily bane to most experienced ERISA long term disability attorneys: "Independent" Physician Consultants (IPCs) hired…
ERISA Watch – Ninth Circuit Joins Sister Circuits In Limiting Scope Of ERISA Document Penalties.
This week’s notable decision is Lee v. ING Groep, N.V., No. 14-15848, __F.3d__ (9th Cir. July 25, 2016), where the Ninth Circuit Court of Appeals joined the First, Second, Third,…
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