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Bay Area Software Engineer Files Lawsuit After PTSD-related Disability Claim is Denied

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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Benefit Overpayment And Recoupment

Employee pension and benefit plan administrators have a duty of trust to act in both the employee and the company’s best interests. Unfortunately, when mistakes resulting in overpayments are made,…

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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…

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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.…

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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…

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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),…

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