Searching Content indexed under Litigation, Mediation & Arbitration by Neil V. Shah ordered by Published Date Descending.
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Tenth Circuit Upholds Denial Of Residential Mental Health Treatment
The Tenth Circuit upheld a claims administrator's decision denying a claim for residential mental health treatment as not medically necessary.
United States
8 Aug 2019
Categorical Conflict Of Interest Does Not Alter Standard Of Review Of Benefit Denials
The Second Circuit held that plaintiffs' allegations that the defendant suffered from a "categorical potential conflict of interest" did not affect the application of the arbitrary and capricious standard of review...
United States
20 Feb 2019
On Remand, District Court Rules For The Fiduciaries In Tatum v. R.J. Reynolds
The R.J. Reynolds defendants have again prevailed against allegations that they breached their fiduciary duties by divesting the RJR 401(k) plan of funds invested in Nabisco stock.
United States
31 Mar 2016
Anti-Assignment Provision Bars Surgery Center's $3.3 Million ERISA Benefits Claims
A federal district court in California held that the ILWU-PMA Welfare Benefit Plan's anti-assignment provision barred Brand Tarzana Surgical Institute's claim for benefits and thus dismissed the Institute's claim for benefits.
United States
31 Mar 2016
Eighth Circuit Holds Service Provider Is Not A Plan Fiduciary In Excessive Fee Case
Continuing a trend in other Circuits, the Eighth Circuit held that a service provider that was contracted to provide the 401(k) plan's investment options does not act as an ERISA fiduciary...
United States
20 Jan 2016
The ERISA Litigation Newsletter - December 2015
In this month's newsletter, we focus on the recent wave of guidance and case law related to the Affordable Care Act.
United States
6 Jan 2016
Court Awards $11.7m In Attorneys' Fees In Fund Mapping Case
The court in Tussey v. ABB Inc. awarded class counsel $11.7 million in attorneys' fees and affirmed its earlier award of $2.28 million in costs and class representative awards.
United States
18 Dec 2015
Sixth Circuit Enforces Subrogation Clause
The Court determined that the subrogation provision was contained within a document that served as the summary plan description as well as the plan document.
United States
28 Aug 2015
District Court Rules Privately-Held Stock Plan Fiduciary May Have Affirmative Duty To Disclose
A federal district court in Georgia held that plan fiduciaries of a closely-held company's single stock ERISA fund may have a duty to disclose material, non-public information concerning the value of the company's shares when the information could have a potentially extreme negative effect on a plan participant.
United States
13 Jul 2015
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