Searching Content by Michael Stevens from Seyfarth Shaw LLP ordered by Published Date Descending.
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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
California Appellate Court Affirms Broad Scope Of ERISA Preemption In State Law Privacy Case
Seyfarth Synopsis: In an unpublished yet fascinating decision, the California Court of Appeal held that ERISA § 514 preempts state law causes of action premised on wrongful disclosure ...
United States
7 Mar 2019
Second Circuit Gives New Life To Stock Drop Claim
Seyfarth synopsis: The Second Circuit reversed dismissal of an ERISA stock drop class action finding plaintiff alleged enough to plausibly show that disclosure of alleged corporate problems ...
United States
28 Dec 2018
Different Strokes For Different Folks: The Feasibility Of Implementing Different Benefits Plans For Different Categories Of Employees (Part I)
In light of the growth of the gig economy, many employers are increasing the number of categories of their employees and associates.
United States
2 Aug 2018
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
U.S. Supreme Court Hears Oral Argument In Key Case On LGBT Rights And Religious Liberty
Oral argument suggests the Supreme Court is narrowly divided on how to reconcile non-discrimination protections for LGBT individuals ...
United States
11 Dec 2017
Fourth Circuit Affirms Health Care Fraud Convictions For Billing Insurers For Medically Unnecessary Services
The Fourth Circuit found that the medical necessity of a given service constitutes a material element of representations regarding submissions for payment, potentially providing payors ...
United States
17 Nov 2017
The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty
The Department of Justice has reversed the previous Administration's position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on...
United States
19 Oct 2017
Ninth Circuit Holds that ERISA Preempts State Insurance Law Bans On Discretionary Clauses For Self-Funded ERISA Plans
The Ninth Circuit has weighed into the national debate over discretionary clauses in ERISA plans, holding that ERISA preempts a state-law ban on discretionary clauses for self-funded disability plans...
United States
14 Sep 2017
Management Alert – The Current Federal Retrenchment On LGBT Rights
The first eight months of the new administration signals a retrenchment on the executive branch's view of legal protections due LGBT individuals, including in employment.
United States
29 Aug 2017
Texas Supreme Court Disputes Reach Of Obergefell In Employee Benefits Case
The Texas Supreme Court held that the U.S. Supreme Court's landmark marriage equality decision, Obergefell v. Hodges...
United States
18 Jul 2017
Justice Gorsuch Likely To Have Significant Impact On Labor And Employment Cases Before The U.S. Supreme Court
Since Justice Antonin Scalia's death in February 2016, the lack of a ninth justice on the U.S. Supreme Court left the Court without a discernible majority of liberal or conservative justices.
United States
15 May 2017
Seventh Circuit Finds Discrimination On The Basis Of Sexual Orientation Prohibited By The Civil Rights Act
The Seventh Circuit becomes the first appellate court to hold that discrimination on the basis of sexual orientation is prohibited as sex discrimination under Title VII.
United States
12 Apr 2017
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
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
The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation
As we've been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination.
United States
10 Mar 2016
What Employers Need To Know About Supreme Court Issues After The Passing Of Justice Scalia
Make no mistake, the role of Justice of the U.S. Supreme Court profoundly impacts the balance of power among the branches of our government.
United States
18 Feb 2016
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