May 1, 2013 -- In an important appellate victory for the industry in the longrunning series of so-called "revenue sharing" cases, the United States
April 18, 2013 -- On April 16, 2013, the United States Supreme Court decided US Airways, Inc. v. McCutchen, et al, finding that equitable defenses
On March 13, 2013, the United States Court of Appeals for the Second Circuit decided Thurber v. Aetna Life Insurance Company, et al, and aligned
Last year, the Supreme Court observed that "appropriate equitable relief" under ERISA 502(a)(3) could include all the remedies typically found
In the coming months, the Fifth Circuit Court of Appeals is expected to issue an en banc decision in Access Mediquip LLC v. UnitedHealthcare Insurance Co. that could result in the reversal of two decades worth of the court’s ERISA preemption precedent, or, at a minimum, provide clarification regarding the contours of ERISA-preemption within the Fifth Circuit.
In a decision that could have far-reaching consequences, the Ninth Circuit Court of Appeals became the first federal appellate court to find that the fiduciary exception to the attorney-client privilege applies to insurance companies as well as plan trustees.
When Nancy Koehler discovered there was no participating provider who could supply a medically necessary dental device, she obtained a referral to an out-of-network specialist, as permitted by her plan.
The Eighth Circuit Court of Appeals recently affirmed an award of life insurance benefits the ERISA plan administratorinsurer previously denied because the insured was heavily intoxicated at the time of his motorcycle crash.
Yesterday, the Department of Labor issued Field Assistance Bulletin ("FAB") No. 2012-02R supplementing the disclosure required to be given to participants in participant-directed individual account plans (e.g. 401 (k) plans) by the recently issued participant disclosure regulation (29 CFR 2550.404a-5).
Larry Griffin received nearly $300,000 in settlement from the party responsible for an automobile accident in which he was seriously injured.