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1
Out Of Network Provider's Claim Against Health Insurer Avoids ERISA Preemption
The provider moved to remand, claiming there could be no preemption given it had no standing to bring an ERISA claim.
United States
23 May 2019
2
Sixth Circuit Follows Ordinary Principles Of Contract Law To Find Whirlpool Is Not Obligated To Provide Lifetime Retiree Healthcare Benefits
Seyfarth Synopsis: Over the last several years, the law governing disputes on lifetime retiree health benefits in the Sixth Circuit has had many twists and turns.
United States
14 Mar 2019
3
District Court Clarifies That "Disability" Requiring Workplace Accommodation Does Not Entitle Plaintiff To Disability Benefits
A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee's request for accommodation of a disability differ from those for determining whether the same employee is eligible for benefits under a short-term disability plan.
United States
15 Feb 2019
4
ERISA University Excessive Fee Cases Take Another Hit
Excessive fee complaint dismissed because the diverse selection of funds available to plan participants negates any claim that Defendants breached their duties of prudence simply because cheaper funds were available.
United States
12 Oct 2018
5
PPA Trumps Just Born's NLRA Right To Unilaterally Implement Pension Proposal
While an employer can bargain to impasse and exit a critical status multiemployer pension fund, under the Pension Protection Act it cannot bargain to impasse and implement a proposal...
United States
2 May 2018
7
Central District Of California Finds No ERISA Preemption Where Determination Of Benefits At Termination Is Non-Discretionary
Claims for benefits at termination may proceed as a breach of contract claim in state court, and avoid ERISA preemption, where the calculations are individualized...
United States
30 Jan 2018
8
Successor General Counsel Robb Signals Potential Successorship Retrenchment
On Friday, December 1, 2017, newly appointed NLRB General Counsel Peter Robb issued a memo containing a broad overview of his initial agenda as General Counsel.
United States
13 Dec 2017
9
Timing Is Everything: Tenth Circuit Overturns Insurer's Disability Decision As Arbitrary And Capricious
Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated ...
United States
7 Nov 2017
10
Administrative Exhaustion As A Defense To Statutory ERISA Claims? Not So Much.
The Sixth Circuit becomes the seventh circuit court to not require administrative exhaustion for statutory ERISA claims (as opposed to denial of benefit claims), while two circuit courts still do.
United States
7 Apr 2017
11
Using Administrative Exhaustion As A Defense To Statutory ERISA Claims
Ronald Kramer and Michael Stevens authored "Using administrative exhaustion as a defense to statutory ERISA claims," an article on March 30 in Employee Benefit Adviser.
United States
7 Apr 2017
12
PBGC Sticks Its Head Out Of The Water And Issues RFI Regarding Hybrid (Two-Pool) Multiemployer Pension Plans
The PBGC is seeking more information on hybrid or two-pool withdrawal liability calculation methods.
United States
20 Jan 2017
13
Surprise!: Decertification Does Not End Employer Contribution Obligations To Multiemployer Funds
Seventh Circuit finds employer still obligated to contribute to benefit funds for the life of the CBA even though the employees decertified the union.
United States
5 Jan 2017
14
Board Defers To Arbitrator's Award Upholding Management Rights–But For How Long?
Seyfarth Synopsis: In Weavexx, LLC the Board deferred to an arbitrator's finding that the employer had the right to change its payday and pay cycle without first bargaining.
United States
14 Nov 2016
15
Board Defers To Arbitrator's Award Upholding Management Rights–But For How Long?
In Weavexx, LLC the Board deferred to an arbitrator's finding that the employer had the right to change its payday and pay cycle without first bargaining.
United States
14 Nov 2016
16
NLRB Reaffirms Alan Ritchey Doctrine With New Make-Whole Twist
The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated...
United States
3 Oct 2016
17
Paying Employees To Opt Out Of Insurance? BEWARE
That "win-win" in contract negotiation wherein employees are paid to opt out of employer insurance has become much more complicated thanks to the IRS.
United States
25 Jul 2016
18
Seventh Circuit Does The Math And Sides With Plan Administrator In Pension Calculation Dispute
On Wednesday, March 16, the Seventh Circuit inspired a collective sigh of relief among actuaries and plan administrators everywhere.
United States
30 Mar 2016
19
The Ninth Circuit Hammers Out A New Successorship Liability Test Under The MPPAA
The Ninth Circuit, in Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael's Floor Covering, Inc., Case No. 12-17675, joined the Seventh Circuit in finding that an asset purchaser, if a successor, can be liable for withdrawal liability triggered as a result of the sale.
United States
12 Oct 2015
20
NLRB Forces Buyers To Become "Successors" Against Their Will
While all eyes were on the landmark Browning-Ferris decision issued Thursday, the Board issued yet another split decision that also may have far reaching consequences.
United States
7 Sep 2015
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