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Court dismisses third party action in favor of arbitration

Edwards Wildman Palmer LLP
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USA
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March 20 2009

Edwards Angell Palmer & Dodge, LLP recently obtained a decision from the U.S. District Court for the Eastern District of New York granting the motion of its clients, American United Life Insurance Company, Inc. (“AUL") and R.E. Moulton, Inc. ("REM”), to dismiss a third-party action against them in favor of arbitration

Oklahoma federal court declares arbitration clause in insurance contract unenforceable, not preempted by the FAA

Edwards Wildman Palmer LLP
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USA
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January 26 2011

We have been following onwww.insurereinsure.com various decisions that concern whether state laws that bar enforcement of arbitration agreements in insurance or reinsurance contracts are preempted by the Federal Arbitration Act (the “FAA”

ERISA litigation: an update from the ALI-ABA conference on financial and insurance litigation

Edwards Wildman Palmer LLP
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USA
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July 21 2010

ERISA litigation, once considered a dull backwater of the law, has been gaining increased interest and attention in recent years: the result of an aging population and an increasingly sophisticated and aggressive plaintiffs' bar

Supreme Court will not hear appeal of 401(k) fee suit involving insurers’ ERISA plans

Edwards Wildman Palmer LLP
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USA
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November 1 2012

On Monday, October 29, the Supreme Court declined a petition for certiorari from a Third Circuit decision in Santomenno v. John Hancock Life Insurance Company in which Ms. Santomenno and her fellow former plan beneficiaries brought claims against John Hancock under ERISA and the ICA, claiming that John Hancock charged their retirement plans excessive fees on annuity insurance contracts offered to plan participants

Supreme Court upholds constitutionality of Affordable Care Act

Edwards Wildman Palmer LLP
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USA
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June 29 2012

In perhaps the most widely anticipated Supreme Court decision since Bush v. Gore in 2000, the Patient Protection and Affordable Care Act (“PPACA”) was upheld on Thursday in a narrow 5 to 4 decision

Michigan exclusive workers' compensation administrative process trumps federal court RICO and fraud claims

Edwards Wildman Palmer LLP
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USA
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October 12 2010

In a comprehensive and thoughtful opinion, a federal district court has dismissed, with prejudice, a RICO action contending that a self-insured, its third party administrator and a physician schemed to fraudulently deny workers’ compensation benefits allegedly owed to a number of claimants under the Michigan Workers’ Disability Compensation Act (the “WDCA”), Mich. Comp. Laws 418.101 et. seq. Brown v. Cassens Transport Co., 2010 U.S. Dist. LEXIS 101660 (E.D. Mich. September 27, 2010

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Jurisdiction - USA
Workarea - Insurance & Reinsurance
Workarea - Employee Benefits & Pensions
Workarea - Litigation
Firm Name - Edwards Wildman Palmer LLP