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16 results found

Article

Proskauer Rose LLP | USA | 16 Dec 2013

Sixth Circuit expands availability of remedies under ERISA

The Sixth Circuit recently concluded that a disability plan participant was entitled to relief consisting of benefits under the plan and disgorgement

Article

Proskauer Rose LLP | USA | 2 Aug 2013

No fiduciary status for 401(k) plan service provider

The Third Circuit affirmed dismissal of plaintiff Nicholas Danza's claims that Fidelity breached its fiduciary duties and engaged in prohibited

Article

Proskauer Rose LLP | USA | 31 May 2013

Health care reform litigation risks the intersection of ERISA Section 510 and the Affordable Care Act’s whistleblower provisions

The Affordable Care Act (ACA) is significantly changing employer health care obligations under the Employee Retirement Income Security Act (ERISA)

Article

Proskauer Rose LLP | USA | 19 Mar 2013

District court permits ERISA claim for benefits of IRO review, holding such review is not an arbitration

In Yox v. Providence Health Plan, No. 12-cv-01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit

Article

Proskauer Rose LLP | USA | 11 Mar 2013

Rulings, filings, and settlements of interest

The U.S. Supreme Court previously held that an ERISA plan administrator must distribute benefits to the beneficiary named in the plan, regardless of

Article

Proskauer Rose LLP | USA | 19 Feb 2013

Rulings, filings, and settlements of interest

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

Article

Proskauer Rose LLP | USA | 19 Dec 2012

Rulings, filings, and settlements of interest

In Argay v. Nat'l Grid USA Serv. Co., No. 11-3698-cv, 2012 WL 5860518 (2d Cir. Nov. 20, 2012) (by summary order), the Second Circuit Court of Appeals affirmed the district court's ruling in favor of a utility company, holding that retirees' right to participate in a life insurance program was not contractually vested under their former employer's post-retirement life insurance plan, and thus the benefits could be reduced.

Article

Proskauer Rose LLP | USA | 20 Aug 2012

The Affordable Care Act and its coverage mandates for employers: a potent recipe for ERISA class actions

Although the Patient Protection and Affordable Care Act (ACA) has engendered much controversy (pro and con) in the business community, one area that has received less discussion is whether ACA may increase employers’ exposure to high-stakes class action litigation.

Article

Proskauer Rose LLP | USA | 18 Jul 2012

PPACA victory sets the stage for new wave of litigation

The Patient Protection and Affordable Care Act (PPACA) has largely survived its constitutional challenges, providing a degree of certainty to health care insurers, providers and consumers regarding the general coverage rules applicable to group health plans.

Article

Proskauer Rose LLP | USA | 14 Mar 2012

Does ERISA preclude the enforceability of general releases?

The effectiveness of general release agreements in barring later-filed ERISA claims has been a frequent subject of litigation.

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