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ERISA Court Dismisses Long-Term Disability Underpayment Suit as Time-Barred Under Clear Repudiation Rule
In Kendall v. Metropolitan Life Insurance Company and Bank of America N.A., as Plan Administrator, No. 2:26-CV-950-KCH-KRH, 2026 WL 2299338 (M.D. Fla. Aug. 11, 2026), the Middle District of Florida…
Ninth Circuit Holds ERISA Does Not Preempt Out-of-Network Provider’s Negligent Misrepresentation Claim Arising from Aetna’s Verification-Call Statements, But Affirms Preemption of Promissory Estoppel Claim
In Healthcare Ally Management of California, LLC v. WSP USA, Inc., No. 24-3479, --- F.4th ----, 2026 WL 2319896 (9th Cir. Aug. 11, 2026), an out-of-network surgery center, La Peer,…
Ninth Circuit Affirms Denial of LTD Benefits, Holding Prior Payment of STD Benefits Creates No Presumption of Disability and Rejecting “New Rationale” Challenge
In Mendoza v. First Unum Life Ins. Co., No. 25-3080, 2026 WL 2295887 (9th Cir. Aug. 10, 2026) (Before: Rawlinson, Sanchez, and Tung, Circuit Judges), an ERISA action challenging the…
Fourth Circuit Affirms Denial of Benefits and Rejects Fiduciary Claim Against Recordkeeper, But Holds Administrative Services Agreement Is a Disclosable Plan Document Under ERISA
In Kelly v. Altria Client Services, LLC, --- F.4th ----, 2026 WL 2293854 (4th Cir. Aug. 10, 2026), Plaintiff sought to liquidate his 401(k) account in Altria’s Deferred Profit-Sharing Plan…
Sixth Circuit Affirms Denial of Preliminary Injunction, Holding That Termination of Disability and Life-Insurance Benefits Does Not Constitute Irreparable Harm
In Tascarella v. Aptiv US General Services Partnership, No. 26-3101, 2026 WL 2243787 (6th Cir. Aug. 4, 2026), the Sixth Circuit affirmed the denial of a preliminary injunction sought by…
Prove You Mailed It: Northern District of Illinois Dismisses ERISA Disability Suit for Failure to Exhaust After Claimant Cannot Establish He Sent His Appeal
In Stempel v. Unum Life Insurance Company of America, No. 24 C 6077, 2026 WL 2241244 (N.D. Ill. Aug. 4, 2026), United States District Judge John F. Kness granted judgment…
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