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Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- March 16 2010
In Unisys Corp. v. Adair, et al., (U.S. Feb. 22, 2010), the U.S. Supreme Court denied Unisys Corp.’s petition for certiorari, thus leaving intact the Third Circuit’s ruling that Unisys Corp. breached its fiduciary duties by failing adequately to disclose that it could terminate its retiree health plan
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- April 5 2010
In In re Guidant Corp. ERISA Litig., No. 05-CV-01009 (S.D. Ind. Mar. 18, 2010), plaintiffs filed a motion for preliminary approval of a settlement that will provide them with $7 million to resolve their employer stock-drop claims
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- August 6 2010
In Borrero v. United HealthCare of New York, Inc., 2010 WL 2652456 (11th Cir. July 6, 2010), healthcare providers (and their representative organizations) alleged state law claims against United HealthCare for failing to pay them the agreed upon rate contained in the subscriber agreements rate for services
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- October 13 2010
In Brown v. Owens Corning Investment Review Committee, 2010 WL 3730918 (6th Cir. Sept. 27, 2010), the Sixth Circuit affirmed dismissal, on statute of limitations grounds, of plaintiffs' claims against plan fiduciaries arising from employer stock holdings in two Owens Corning retirement plans
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- June 7 2010
In Golden Gate Restaurant Assoc. v. City and County of San Francisco, No. 08-1515 (U.S.), the U.S. Solicitor General requested that the Supreme Court deny certiorari in light of the recent enactment of the Patient Protection and Affordable Care Act (PPACA
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- November 3 2010
In Matschiner v. Hartford Life & Accident Ins. Co., 2010 WL 3910217 (8th Cir. Oct. 7, 2010), the Eighth Circuit applied the “plan documents rule” established by the Supreme Court in Kennedy v. Plan Administrator for DuPont Savings & Investment Plan, 129 S.Ct. 865 (2009), and concluded that Hartford properly paid benefits pursuant to a beneficiary designation form rather than a Nebraska state divorce decree that purported to divest the decedent’s ex-husband of his right to the benefits
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
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- September 2 2010
In In re Mercury Interactive Corp. Sec. Litig., 2010 WL 3239460 (9th Cir. Aug. 18, 2010), the Ninth Circuit held that in the settlement of a putative class action, district courts must set the deadline for class counsel to file their fee application before the deadline for class members to object to the proposed settlement
Rulings, filings and settlements of interest
- Proskauer Rose LLP
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- USA
- -
- July 13 2010
In the wake of Hardt v. Reliance Standard Life Ins. Co., 130 S. Ct. 2149 (May 24, 2010), in which the Supreme Court held that a party must achieve "some success on the merits" in order to obtain an attorney’s fee award under ERISA, two federal circuits have concluded that the so-called "five-factor test" for determining such awards used by many district courts prior to Hardt remains an appropriate analytical framework for deciding whether to award attorneys fees under ERISA, but only after first concluding that a party has achieved some success on the merits
Rulings, filings, and settlements of interest
- Proskauer Rose LLP
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- USA
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- October 5 2011
In Franco v. Connecticut General Life Ins. Co., No. 07-cv-6039, 2011 U.S. Dist. LEXIS 109022 (D.N.J. Sept. 23, 2011), plaintiffs, who were plan subscribers, health care providers, and several associations whose members consisted of out-of-network ("ONET") providers who provided ONET services to patients insured by CIGNA, alleged that CIGNA violated its contractual obligations to pay for ONET services at the "usual, customary and reasonable" ("UCR") rate by relying on the flawed database maintained by Ingenix, which generated artificially low UCRs to underpay ONET benefits to CIGNA plan members
Rulings, filings, and settlements of interest
- Proskauer Rose LLP
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- USA
- -
- September 9 2011
In Florida v. United States Dep't of Health and Human Servs., 11-11021-cv, 2011 WL 3519178 (11th Cir. Aug. 12, 2011), the Eleventh Circuit affirmed in part and reversed in part the district court's ruling that the Affordable Care Act was unconstitutional
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- Workarea - Litigation
- Workarea - Employee Benefits & Pensions
- Author - Robert Rachal
- Author - Charles Seemann III
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