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ERISA: Plans That are Members of Trusts (with Many Employer/Member in Many States) May Have Better Chance Winning Choice of Law Issue-Abuse of Discretion Standard Applied

USA - July 30 2020 You know that many states ban discretionary language in ERISA plans. This issue tees up litigation over what state law will apply -the choice of law…

ERISA 3rd Circuit: Out-of-Network Health Care Provider’s Breach of Contract and Promissory Estoppel Claims NOT Preempted by ERISA

USA - July 27 2020 This issue comes up more frequently now with managed care organizations creating networks of doctors or preferred providers, and the issue that arises…

Disability Policies: “Counting the Days” to Application of the Contractual Limitations Provision

USA - July 14 2020 Here’s a short new case concluding the contractual limitations provision was “unambiguous,” and dismissing the claim as untimely. Kuber v. Prudential…

'Now You're Just Somebody That I Used to Know': How to Perform Strategic, Defensible Terminations

USA - May 28 2020 They can be very emotional, risky and expensive: a termination has been calculated as costing and employer abot 21% of the employee's salary…

ERISA and the Pandemic: Quick Guidance on New, Temporary Changes to DOL Regulations Affecting Timing of Health/Disability Claims and Appeals

USA - May 8 2020 On May 4, 2020, The Department of Labor (DOL), the Department of the Treasury, and the Internal Revenue Service issued the final ruling…