Mike Reilly

Lane Powell PC

Articles

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ERISA: 7th Circuit — Can A Claims Administrator’s Errors, Made During The Initial Claim Denial, Be “Cured” During the Administrative Appeal?

USA - June 9 2022 Can the ERISA claims administrator “cure” inadequacies, made during its initial claim denial, during the appeal process? Yes. Did a claims…

ERISA (5th Circuit)-When the District Court Must Remand the Claim Back to the Administrator

USA - March 23 2022 Sometimes an ERISA-governed disability benefit claim is denied on a specific issue that precludes the need for a full development of the record on…

ERISA (8th Circuit)-Now You Know Why You Should Bring Rule 52 Motions Instead of Rule 56 Summary Judgment Motions

USA - December 11 2021 What is the most efficient way to invite the district court to resolve ERISA-benefit claims? What’s the difference between using Rule 56 motions for…

ERISA (5th Circuit): Plan Administrators Do Not Waive Exclusions That Develop As A Result Of Court Decisions Affecting The Disability Claim

USA - November 8 2021 What happens when an ERISA-governed disability claim is denied solely under the “own occupation” provision, but a reviewing district court concludes…

ERISA: 502(a)(3) Breach of Fiduciary Duty Claim DISMISSED: Repeated Calculation Errors Do NOT Involve “Fiduciary Duties”

USA - August 26 2021 We all are seeing more “breach of fiduciary duty claims” asserted in lawsuits seeking ERISA-governed benefits. As you know, ERISA allows participants…