Recent Publications -
July 29, 2019 | |
Third Circuit Affirms Denial of Disability Benefits Under ‘Any Occupation’ Standard
The U.S. Court of Appeals for the Third Circuit has upheld a decision denying disability benefits to a claimant under the “any occupation” standard of an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) where the plaintiff failed
Read MoreJune 26, 2019 | |
5th Circuit Applies Deferential Abuse-of-Discretion Standard of Review and Upholds Claim Administrator’s Application of Plan’s Weight-Loss Surgery Exclusion
The U.S. Court of Appeals for the Fifth Circuit has upheld the adverse benefit determination of a claim administrator of a health insurance benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) after
Read MoreMay 29, 2019 | |
Second Circuit Finds That Claim for ERISA Pension Plan Benefits Was Time-Barred
Historically, employees leaving Xerox Corporation typically received a lump sum payment equal to the total value of their then-accrued pension benefit under the Xerox pension plan, an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Employees who
Read MoreMay 17, 2019 |
Sixth Circuit Affirms District Court Decision That Anesthesiologist Was Not Disabled from His Own Occupation
The U.S. Court of Appeals for the Sixth Circuit recently affirmed a district court’s decision upholding a determination by the claim administrator of an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) that
Read MoreMarch 4, 2019 |
Court Denies Motion to Dismiss on Failure to Exhaust Grounds When Plan Documents Were Apparently Silent with Respect to Exhaustion
The U.S. district court in Connecticut recently denied a claim administrator’s motion to dismiss a Complaint seeking short-term disability benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act of
Read MoreFebruary 19, 2019 | |
11th Circuit Holds ERISA Plan’s Anti-Assignment Provision Bars Third-Party Doctor’s Claim for Reimbursement for Services
The Employee Retirement Income Security Act of 1974 (ERISA) provides that plan participants and plan beneficiaries may bring a private civil action to recover benefits due under the terms of a plan, to enforce rights under a plan, or to
Read MoreJanuary 22, 2019 |
U.S. District Court in Illinois Holds Two Benefit Plans Exempt from ERISA Under ERISA’s Church Plan Exemption, and Upholds Exemption’s Constitutionality
The Employee Retirement Income Security Act of 1974 (ERISA) exempts “church plans” from its requirements. A federal court in Illinois recently considered whether certain plans sponsored by a non-profit corporation associated with an Order
Read MoreJanuary 10, 2019 |
Sixth Circuit Again Rules That CBA Did Not Provide for Lifetime Retiree Healthcare Benefits
The U.S. Court of Appeals for the Sixth Circuit has issued another decision concluding that a collective bargaining agreement did not provide for lifetime healthcare benefits for union retirees.
The Case
Every three to four years since 1973, General Electric Company
Read MoreNovember 6, 2018 |
Federal Court Remands Case to State Court Because ERISA Did Not Preempt Claims Against Health Insurer for Revealing Plaintiff’s HIV Status
A federal district court in California held that the Employee Retirement Income Security Act of 1974 (ERISA) did not preempt a plaintiff’s claims under California law against his managed health care company for revealing
Read MoreOctober 6, 2018 |
ERISA Preempts Ex-Pro Hockey Player’s State Law Claims
A federal district court in Texas has ruled that the Employee Retirement Income Security Act of 1974 (ERISA) preempts state law claims brought by a former professional hockey player under an ERISA plan, funded by an insurance policy issued to the National Hockey League (the NHL).
The
Read MoreSeptember 7, 2018 | |
Sixth Circuit Affirms Dismissal for Failure to Exhaust Plan’s Administrative Remedies
Courts interpreting the Employee Retirement Income Security Act of 1974 (ERISA) have long held that a claimant seeking benefits under an employee benefit plan must exhaust the plan’s administrative remedies before he or she can file suit. A recent decision by the U.S. Court
Read MoreSeptember 7, 2018 | |
ERISA Does Not Permit Plaintiffs to Rely on Same Allegations to Seek Both Equitable Relief and Benefits
The Employee Retirement Income Security Act of 1974 (ERISA) permits a plaintiff to seek equitable relief and to seek benefits. But can a plaintiff assert separate claims for equitable relief and benefits based on the same allegations? A
Read MoreAugust 24, 2018 |
Ian Linker was published in DRI’s The ERISA Report, “When Payment of Plan Benefits Make Beneficiaries Whole They Get What They Get and They Can’t Get Upset.”
Click here to read the article.
Read MoreJuly 17, 2018 |
Ian Linker was published in Mealey’s Litigation Reports: ERISA and Disability, in a commentary piece entitled, “Reason Prevails – A Fiduciary Is Not Always A Fiduciary: Claim Administrator Not Responsible For Plan Administrator’s Errors.”
Click here to read the article.
Read MoreJuly 11, 2018 |
Although Court Recognizes Claimant Has Burden to Show Exception to Limitation Applies, It Rejects Claim Administrator’s Determination and Awards Claimant Benefits
A federal district court in California has held that a plaintiff was eligible for additional long term disability benefits under a welfare benefit plan governed by the Employee Retirement Income Security Act of 1974
Read MoreJune 19, 2018 | |
Fifth Circuit Affirms Decision Denying Attorney’s Fees to Insurer in ERISA Action
A party in a case under the Employee Retirement Income Security Act of 1974 (ERISA) may be eligible to recover its attorney’s fees under 29 U.S.C. § 1132(g)(1) if it achieved “some degree of success on the merits.” District courts have broad discretion
Read MoreJune 19, 2018 | |
Determining the appropriate standard of judicial review is the threshold issue a court decides when reviewing an adverse benefit determination under the Employee Retirement Income Security Act of 1974 (ERISA). If the court applies the arbitrary and capricious standard of review, it gives deference to the administrator’s determination. By contrast, if it reviews the determination
Read MoreMarch 15, 2018 |
Ian Linker was published in Mealey’s Litigation Reports: ERISA and Disability, in a commentary piece entitled, “Preemption Is Preemption. Or Is It? A Recent Fifth Circuit Decision Sheds Light on the Differences between Conflict and Complete ERISA Preemption.”
Click here to read article.
Read MoreMarch 13, 2018 |
Ian Linker has published an article in FC&S Legal entitled, “To Thine Own Plan Be True: Burdens of Proof and Standards of Review Under Attack in ERISA – Benefits Litigation.”
Click here to read article.
Read MoreMarch 2, 2018 | |
Fifth Circuit Holds ERISA Preempts Plaintiff’s Claims under State Law, and Plaintiff’s Claim for Equitable Relief Fails as a Matter of Law
The plaintiff in this case sought to recover life insurance benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Her deceased husband had been
Read MoreFebruary 14, 2018 |
Ian Linker was published in Mealey’s Litigation Report: ERISA in a commentary piece entitled, “To Fee, Or Not To Fee. That Is The Question: In Certain Cases, Arbitrating ERISA Benefits Cases May Enable Plan Fiduciaries To Avoid Paying Plaintiffs’ Attorney’s Fees.”
To read the article click here.
Read MoreFebruary 7, 2018 |
California Federal District Court Determines “Document in Force”
As an employee of NetApp, the plaintiff participated in the company’s long-term disability (LTD) plan, an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). NetApp was both the plan sponsor and plan administrator. The plaintiff’s job title with NetApp was
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