Attorneys' Fees
D.N.J. Rejects Plaintiff’s Fee Request In Connection With State Court Remand Of Action Removed Under ERISA, Scaling Back Earlier Charge That Defendant’s Removal Was NonsensicalRemand Directing Change in Standard of Judicial Review Is Not Sufficient Success on the Merits to Support Attorneys’ Fee AwardSecond Circuit Upholds Reduction of Attorneys’ Fees Sought in ERISA Benefits Case
Disability
Developments in Disability Claims During the COVID-19 PandemicTenth Circuit Decides That An “Active, Full-time Employee” Is Entirely Different Than an Employee Who is “Actively at Work”Third Circuit Clarifies Sufficiency Of Discussions Of Social Security Disability Insurance Awards In Adverse Disability Benefit Determinations Under Pre-2018 ERISA Claims Procedure Regulation
Discretionary Authority
Fifth Circuit Joins Sister Circuits by Overruling Default Deferential Standard of ReviewFifth Circuit Maintains Default Deferential Standard Of Review In Denial Of Benefit Claims, But Suggests It May Soon Be OverruledDisability Plan Administrator Can Reasonably Change its Mind About Sufficiency of Evidence
Fiduciary Duties
Third Circuit Clarifies Sufficiency Of Discussions Of Social Security Disability Insurance Awards In Adverse Disability Benefit Determinations Under Pre-2018 ERISA Claims Procedure RegulationD.N.J. Rejects Plaintiff’s Fee Request In Connection With State Court Remand Of Action Removed Under ERISA, Scaling Back Earlier Charge That Defendant’s Removal Was NonsensicalDisability Claims Regulations and the COVID-19 Pandemic
Jurisdiction
D.N.J. Rejects Plaintiff’s Fee Request In Connection With State Court Remand Of Action Removed Under ERISA, Scaling Back Earlier Charge That Defendant’s Removal Was NonsensicalERISA Does Not Preempt Third Party Providers’ Unfair And Deceptive Business Practice Claims Against Health Insurer, Rules Ninth CircuitSecond Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions May Not Govern Offset And Subrogation Rights
Life
Sixth Circuit Finds No Fiduciary Duty To Give Notice Of Conversion/Portability Rights On Termination Of EmploymentSecond Circuit Upholds Dismissal of ERISA Claims Against Plan Defendants for Alleged “Cross-Subsidization” SchemeERISA Plan Administrator’s Failure to Notify Beneficiary of Life Insurance Conversion Rights Breaches Fiduciary Duty
Limitations - Statutory/Contractual
Second Circuit Addresses Limitations Periods Governing Fraudulent Billing Claims Against Non-Participating ProvidersSupreme Court’s Sulyma Decision May Complicate Plan Administrators’ Consideration of the DOL’s New Proposed Electronic Safe Harbor Disclosure RuleSupreme Court Decision on ERISA Statute of Limitations May Help Defendants Defeat Class Certification
Pension Benefits
Supreme Court’s Sulyma Decision May Complicate Plan Administrators’ Consideration of the DOL’s New Proposed Electronic Safe Harbor Disclosure RuleCould We See Retirement Reform in a Lame Duck Congress?Ninth Circuit Holds That Employees’ ERISA Breach of Fiduciary Duty Claim Against Their Employer is Not Subject to the Mandatory Arbitration Clause in Their Employment Contracts
Plan Interpretation
When is a Severance Plan NOT an ERISA PlanTenth Circuit Decides That An “Active, Full-time Employee” Is Entirely Different Than an Employee Who is “Actively at Work”Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA Claims Subject to Mandatory Arbitration.
Preemption
D.N.J. Rejects Plaintiff’s Fee Request In Connection With State Court Remand Of Action Removed Under ERISA, Scaling Back Earlier Charge That Defendant’s Removal Was NonsensicalSupreme Court Rules that ERISA Does Not Preempt State Law Regulating PBM ReimbursementsERISA Does Not Preempt Third Party Providers’ Unfair And Deceptive Business Practice Claims Against Health Insurer, Rules Ninth Circuit
Regulations
Implementing Regulations for The No Surprises Act: Part IEBSA Issues Guidance On Disclosure of Phone Call RecordingsThird Circuit Clarifies Sufficiency Of Discussions Of Social Security Disability Insurance Awards In Adverse Disability Benefit Determinations Under Pre-2018 ERISA Claims Procedure Regulation
Standing
To Sue Or Not To Sue Under ERISA: Circuit Split about Proper Party Defendants and Service of Process May Be ResolvedNinth Circuit Rejects Arguments Challenging the Enforceability of an ERISA Plan Anti-Assignment ProvisionEmployer lacks standing to sue multi-employer plan for violation of ERISA and PPACA
Subrogation
Second Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions May Not Govern Offset And Subrogation RightsAnother SCOTUS subrogation decision, and another deep dive into equity treatisesSPD can be governing plan document when there is no actual plan