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ERISA Claim Defense Blog

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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

Coronavirus

When COBRA Meets COVID-19: Concerns for Plan Administrators and TPAsCoverage Under Private Group Health and Disability Plans: Implications of COVID-19Disability Claims Regulations and the COVID-19 Pandemic

Disability

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 NonsensicalConnecticut District Court Enforces ERISA Venue Provisions and Dismisses Lawsuit with No Connection to Connecticut

Discovery

Upcoming Amendments to Federal Rules Will Impact ERISA Litigation

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

Equitable Claims

It May Be Time to Start Thinking About Equitable Claims AgainERISA Plan Administrator’s Failure to Notify Beneficiary of Life Insurance Conversion Rights Breaches Fiduciary DutyAnother SCOTUS subrogation decision, and another deep dive into equity treatises

Equitable Remedies

Second Circuit Upholds District Court’s Choice of Equitable Remedies Under ERISA and Its Decision to Award Prejudgment Interest at the Federal Prime RateCourt Upholds Dismissal of Breach of Fiduciary Claim, Finding Plaintiff Had an Adequate Remedy Under ERISA § 501(a)(1)(B)

Exhaustion of Administrative Remedies

Where Administrative Appeal Deadline Ends on Saturday, Monday Appeal Is TimelyFailure to Understand Exhaustion Requirement Does Not Excuse ComplianceERISA Claim Accrues Upon Clear Repudiation of Claim, Even if There is No Formal Denial Letter

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

Health

Supreme Court Rules that ERISA Does Not Preempt State Law Regulating PBM ReimbursementsCoverage Under Private Group Health and Disability Plans: Implications of COVID-19Remand Directing Change in Standard of Judicial Review Is Not Sufficient Success on the Merits to Support Attorneys’ Fee Award

Insurance Benefits

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 NonsensicalWhen COBRA Meets COVID-19: Concerns for Plan Administrators and TPAs

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

Supreme 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 CertificationIRS Returns 2018 Annual Family Limit for HSAs Back to $6,900

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

Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA Claims Subject to Mandatory Arbitration.Sixth Circuit Finds No Fiduciary Duty To Give Notice Of Conversion/Portability Rights On Termination Of EmploymentSecond Circuit Speaks On When Ministerial Acts Can Breach a Fiduciary Duty

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

Third Circuit Clarifies Sufficiency Of Discussions Of Social Security Disability Insurance Awards In Adverse Disability Benefit Determinations Under Pre-2018 ERISA Claims Procedure RegulationDisability Claims Regulations and the COVID-19 PandemicSixth Circuit Finds No Fiduciary Duty To Give Notice Of Conversion/Portability Rights On Termination Of Employment

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

Statute

Court Upholds Dismissal of Breach of Fiduciary Claim, Finding Plaintiff Had an Adequate Remedy Under ERISA § 501(a)(1)(B)It May Be Time to Start Thinking About Equitable Claims Again“Probate Exception” Bars Federal Jurisdiction over ERISA Dispute

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

Uncategorized

Welcome Kate Katchen!Irreconcilable Differences: In Dorman v. Charles Schwab Corp., Ninth Circuit Overrules 35-Year-Old Authority; Concludes ERISA Claims Subject to Mandatory Arbitration.DOL Seeks to Extend Transition Period under the Fiduciary Rule

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Robinson+Cole’s Managed Care + Employee Benefit Litigation Group provides comprehensive employee benefits services to a wide range of clients, including publicly held and privately held companies, tax-exempt organizations, educational institutions, municipalities and other governmental entities, trust companies, and financial institutions.

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