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Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority

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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Ninth Circuit Denies Writ of Mandamus Challenging Court’s Order to Transfer Case Pursuant to ERISA Plan’s Forum Selection Clause

In re Becker, No. 20-72805, __F.3d__, 2021 WL 1219745 (9th Cir. Apr. 1, 2021) (Before Siler, Rawlinson, and Bumatay). The Ninth Circuit denied Becker’s petition for a writ of mandamus…

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Fifth Circuit Holds Project Completion Incentive Plan Is Not an ERISA Plan Due to Lack of Ongoing Administrative Scheme

In Atkins v. CB&I, L.L.C., No. 20-30004, __F.3d__, 2021 WL 1085807 (5th Cir. Mar. 22, 2021), a dispute involving a bonus payment to employees who worked until the completion of…

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Failure to Challenge all Bases for a District Court’s Decision in the Court of Appeals Results in Affirmation

A recent decision out of the Sixth Circuit Court of Appeals is a good reminder of the importance of filing a comprehensive appeal if you are challening a district court's…

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Second Circuit Compels Arbitration of ERISA Claims—Arbitration Agreement Is Enforceable with Scope of Claims Provision Severed

In American Family Life Assurance Company of New York v. Baker, et al., No. 20-1435, __F.App’x__, 2021 WL 772281 (2d Cir. Mar. 1, 2021), the Second Circuit considered the enforceability…

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Tenth Circuit Finds Divorce Decree Is a Qualified Domestic Relations Order under ERISA

In Festini-Steele v. Exxonmobil Corporation, No. 20-1052, __F.App’x__, 2021 WL 629755 (10th Cir. Feb. 18, 2021), Plaintiff-Appellant Festini-Steele claims a Decree of Dissolution of Marriage (“Decree”) is a Qualified Domestic…

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