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Judicial Trend Away from Recognizing Equitable Remedies for Benefit Claims under ERISA.

USA - December 3 2019 A court in Florida has declined to expand the remedies available under a claim for benefits due under 29 U.S.C. § 1132(a)(1)(B) of ERISA. Keys v…

Eastern District of New York refuses to enforce an ERISA anti-assignment provision

USA - May 23 2019 The list of the federal courts of appeals enforcing unambiguous anti-assignment provisions in ERISA health benefit plans continues to grow: almost…

Are You “Doing Enough” to Avoid ERISA Statutory Penalties?

USA - October 2 2018 Clients often are surprised to learn they are liable for ERISA statutory penalties associated with participant document requests even though they have…

Death of the substantial compliance doctrine?

USA - March 30 2017 In Halo v. Yale Health Plan, decided in April of 2016, the Second Circuit expressly rejected the “substantial compliance” doctrine with respect to…

Ashley Bryan Abel, Sarah C. Baskin

Employee Benefits Newsletter - Spring 2016

USA - April 5 2016 Until the United States Supreme Court decided CIGNA Corp. v. Amara, in 2011, jurists had uniformly interpreted the Court’s earlier guidance under the…

Ashley Bryan Abel, William H. Payne IV