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31 results found

Article

Wilson Elser | USA | 4 Apr 2016

Statutory and Contractual Limitations Periods and the Events that Trigger Them: Insight from the Fourth Circuit

The Employee Retirement Income Security Act of 1974 (ERISA) does not contain a statute of limitations provision, and courts generally apply the most

Article

Wilson Elser | USA | 22 Feb 2016

Montanile v. Board of Trustees: A New Model for Recovery

At times, money may be owed back to the benefit plan which paid benefits to or on behalf of a participant. For example, most health plans include a

Article

Wilson Elser | USA | 5 Feb 2016

Third Circuit Court of Appeals Rejects Hospital’s Religious Exemption from ERISA

On December 29, 2015, the U.S. Court of Appeals for the Third Circuit decided in Kaplan v. Saint Peter's Healthcare System, No. 15-1172 (3d. Cir. Dec

Article

Wilson Elser | USA | 24 Nov 2015

Second Circuit reminds healthcare providers to seek relief from insurance companies under their own contracts, not the insureds’ contracts

In Rojas v. Cigna Health and Life Ins. Co., 793 F.3d 253, 258 (2d Cir. 2015), the Second Circuit joined several other circuits in holding that

Article

Wilson Elser | USA | 12 Oct 2015

Seventh Circuit rules ERISA does not preempt state law prohibiting discretionary clauses

In Fontaine v. Metropolitan Life Ins. Co., No. 14-1984, 2015 U.S. App. (7th Cir. Sept. 4, 2015), the Seventh Circuit affirmed a U.S. District Court

Article

Wilson Elser | USA | 25 Aug 2015

Eleventh Circuit addresses statutory penalty claims under ERISA

The ERISA statute authorizes a court to award a penalty of up to $110 per day based on the failure of an Administrator to respond to a participant's

Article

Wilson Elser | USA | 24 Jul 2015

Potential erosion of the distinction between benefits denials and breach of fiduciary duty under ERISA in the Tenth Circuit

A recent decision from a federal district court in the Tenth Circuit provides an example of the potential erosion of the distinction between claims

Article

Wilson Elser | USA | 15 May 2015

Third Circuit adopts catalyst theory in ERISA cases for attorney fee awards

Under the Employee Retirement Income Security Act of 1974 (ERISA), "the court in its discretion may allow a reasonable attorney's fee and costs of

Article

Wilson Elser | USA | 22 Jan 2015

Illinois district court holds that a plan maintained by a religiously affiliated organization is not a church plan

The United States District Court for the Northern District of Illinois recently had the opportunity to weigh in on the issue of whether a religiously

Article

Wilson Elser | USA | 10 Nov 2014

Fifth Circuit adopts majority rule on what constitutes “other Instruments” of an ERISA plan

ERISA plan administrators facing broad requests for production under ERISA section 104(b)(4) may limit their production to formal legal documents

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