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Searching Content by James Goodfellow, Jr. ordered by Published Date Descending.
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The Ninth Circuit Addresses Whether To Enforce An Agreement To Arbitrate ERISA Claims
Seyfarth Synopsis: The Ninth Circuit declined to enforce an agreement to arbitrate ERISA Section 502(a)(2) claims, but did not rule out enforcement in other ERISA claim contexts.
United States
3 Aug 2018
2
More Trouble For Plan Administrators In Drunk Driving Cases
The Fifth Circuit adds to the growing body of case law requiring more detailed reviews of claims for life insurance or accidental death and dismemberment benefits following accidents...
United States
16 Jul 2018
3
Third Circuit Adopts Plan Friendly Interpretation Of A Mental/Nervous Limitation
In a win for ERISA plan and claims administrators, the Third Circuit has affirmed the broad enforcement of a long-term disability plan's mental or nervous limitation period.
United States
22 Mar 2018
4
Eighth Circuit Jimmies The Lid On Pandora's Box
In an opinion that may result in increasingly complex ERISA benefits litigation, the Eighth Circuit has allowed a breach of fiduciary duty claim premised on alleged faulty claims handling practices to proceed in conjunction with a claim for benefits.
United States
18 May 2017
5
Eighth Circuit Jimmies The Lid On Pandora's Box
In an opinion that may result in increasingly complex ERISA benefits litigation, the Eighth Circuit has allowed a breach of fiduciary duty claim premised on alleged faulty claims handling practices...
United States
16 May 2017
6
Fifth Circuit: Discretionary Ban Does Not Mandate De Novo Review
The Fifth Circuit has concluded that Texas' ban on discretionary language in insurance policies does not alter the standard of review related factual determinations made by ERISA administrators.
United States
5 May 2017
7
DOL Fiduciary Rule-Making Overreach? Stay Tuned For The Judgment Of The Courts
In April, the Department of Labor issued new regulations under ERISA related to individuals who offer investment advice to ERISA plans, their fiduciaries, or participants for a fee.
United States
25 Jul 2016
8
Supreme Court Concludes That ERISA Preempts State Reporting Requirements
In a closely observed federalism battle over the scope of ERISA preemption, the Supreme Court came down on the side of Federal power.
United States
9 Mar 2016
9
ELL SCOTUS Series # 4 – Montanile v. Board Of Trustees Of The National Elevator Industry Health Benefit Plan
On November 9, the Supreme Court will hear arguments in the Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan matter, which is up on appeal from the Eleventh Circuit.
United States
13 Nov 2015
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