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Results:1-10 of 48

As DOL Fiduciary Rule is Officially Vacated, Focus Shifts to SEC
  • Proskauer Rose LLP
  • USA
  • June 26 2018

After nearly a decade in the making, the Department of Labor’s fiduciary rule appears to be officially dead. On June 21st, the U.S. Court of Appeals


Fifth Circuit Vacates DOL Fiduciary Rule
  • Proskauer Rose LLP
  • USA
  • April 6 2018

Department of Labor's fiduciary rule, including the expanded definition of "investment advice fiduciary" and the associated exemptions. The decision


Fifth Circuit Vacates DOL Fiduciary Rule
  • Proskauer Rose LLP
  • USA
  • March 16 2018

In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor’s fiduciary rule, including the expanded definition


Fifth Circuit Enforces Reimbursement Provision in One-Page Welfare Plan
  • Proskauer Rose LLP
  • USA
  • June 5 2017

The Fifth Circuit upheld the reimbursement and subrogation terms found in a welfare benefit plan’s one-page SPD that also served as the plan document


Fifth Circuit: hospital enjoys standing to seek ERISA benefits
  • Proskauer Rose LLP
  • USA
  • March 19 2015

The Fifth Circuit ruled that an out-of-network medical provider that was assigned a patient's rights to health insurance benefits has standing to sue


Fifth Circuit remands for determination of whether surcharge is appropriate
  • Proskauer Rose LLP
  • USA
  • March 11 2013

In Gearlds v. Entergy Servs., Inc., 2013 WL 610543 (5th Cir. Feb. 19, 2013), the Fifth Circuit held in light of CIGNA Corp. v. Amara that plaintiff


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • February 19 2013

In Govrik v. Unum Life Ins. Co. of Am., 702 F.3d 1103 (8th Cir. 2013), the Eighth Circuit held that Unum operated under a structural conflict of


Rulings, filings, and settlements of interest
  • Proskauer Rose LLP
  • USA
  • November 9 2012

In Access Mediquip, L.L.C. v. UnitedHealthcare Insurance Co., F.3d , No. 10-20868, 2012 WL 4747260 (5th Cir. Oct. 5, 2012), the Fifth Circuit, en banc, held that ERISA does not preempt a third-party medical provider's state law claims based on a health plan insurer's misrepresentations of coverage.


ERISA pre-emption in provider misrepresentation claims: an overview of the jurisprudence leading up to the Fifth Circuit’s en banc review of Access Mediquip and what lies ahead
  • Proskauer Rose LLP
  • USA
  • September 14 2012

The U.S. Court of Appeals for the Fifth Circuit recently granted en banc review of its decision in Access Mediquip LLC v. UnitedHealthcare Ins. Co. to address a frequently recurring issue arising in health care litigation: whether ERISA Section 514 preempts a third-party provider’s state law claims premised on allegations that it was misled by an insurer’s statements regarding patient coverage.


Existence of ERISA plan
  • Proskauer Rose LLP
  • USA
  • May 16 2012

In Stoffels v. SBC Commc'n, Inc., F.3d , No. 11-50148, 2012 WL 1259014 (5th Cir. Apr. 16, 2012), the Fifth Circuit unanimously affirmed the district court's ruling that SBC’s practice of offering reimbursements and discounted telephone services to employees and retirees did not constitute a defined benefit plan under ERISA.