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

On Friday, August 24, 2018, the New York State Division of Human Rights and the New York Department of Labor issued their proposed model anti-sexual harassment policy and model anti-sexual harassment training program. Every New York State employer must promptly adopt and distribute an anti-sexual harassment policy to all employees. Every New York State Employer must also

Effective July 18, 2018, New York City employers will be required to allow employees who have been employed for at least 120 days and who work at least 80 hours in New York City in a calendar year to make two (2) temporary schedule changes per year for certain personal events.

Introduction No. 1399-2016 (commonly

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

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

Recently, New York State and New York City passed new legislation designed to stop sexual harassment in the workplace. Governor Andrew Cuomo signed the New York State legislation into law on April 12 and New York City Mayor Bill de Blasio signed the New York City legislation into law on May 9.

These new laws,

On May 21, 2018, the United States Supreme Court, in the case of Epic Sys. Corp. v Lewis, held in a 5-4 decision that employers can require – as a condition of employment – that employees waive their rights to participate in class action lawsuits.  Resolving a split among the various circuit courts, employers can

Brian Bank, Scott Green, and Catalina De La Hoz co-authored an article entitled, “Recent Developments in Employment Law and Litigation” for the Tort Trial & Insurance Practice Law Journal.

Click here to read the article.

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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

Disability Policy Had to Provide Same Benefits for Mental Illness as for Physical Injury, Montana Federal Court Decides

The plaintiff in this case worked as a claims adjuster for Farmers Group, Inc. After she became disabled due to her bipolar disorder, she applied for long-term disability benefits under the company’s group disability income plan, issued