Rulings, filings, and settlements of interest *

USA - April 16 2013
In United Steel, Paper & Forestry, Rubber, Mfg. Energy, Allied Indus. & Serv. Workers Int'l Union v. Cookson Am., Inc., No. 12-1032-cv, 2013 WL…

Co-authors: Amy Covert, Howard Shapiro, Russell L. Hirschhorn, Myron D Rumeld, Stacey Cole Cerrone.

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District court permits ERISA claim for benefits of IRO review, holding such review is not an arbitration *

USA - March 19 2013
In Yox v. Providence Health Plan, No. 12-cv-01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit…

Co-authors: Kara Lincoln, Brian S Neulander.

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Rulings, filings, and settlements of interest *

USA - November 9 2012
In Access Mediquip, L.L.C. v. UnitedHealthcare Insurance Co., — F.3d —, No. 10-20868, 2012 WL 4747260 (5th Cir. Oct. 5, 2012), the Fifth Circuit, en banc, held that ERISA does not preempt a third-party medical provider's state law claims based on a health plan insurer's misrepresentations of coverage.

Co-authors: Amy Covert, Charles Seemann III, Howard Shapiro, Myron D Rumeld, Stacey Cole Cerrone.

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Rulings, filings, and settlements of interest *

USA - October 12 2012
In Reese v. CNH Am. LLC, Nos. 11-1359, 11-1857, 11-1969, --- F.3d ---, 2012 WL 40009695 (6th Cir. Sept. 13, 2012), the Sixth Circuit for the second time reversed the decision of the district court and held that an employer could reasonably yet unilaterally alter lifetime healthcare benefits for retirees without engaging in collective bargaining.

Co-authors: Amy Covert, Charles Seemann III, Howard Shapiro, Myron D Rumeld, Stacey Cole Cerrone.

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The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions *

USA - August 20 2012
Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation.

Co-authors: Brian S Neulander.

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