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Article

Jorden Burt LLP | USA | 2 May 2013

Seventh Circuit rejects novel DOL position in affirming summary judgment for retirement plan service provider in revenue sharing class action

May 1, 2013 -- In an important appellate victory for the industry in the longrunning series of so-called "revenue sharing" cases, the United States

Article

Jorden Burt LLP | USA | 18 Apr 2013

Supreme Court finds equitable defenses do not override ERISA plan terms

April 18, 2013 -- On April 16, 2013, the United States Supreme Court decided US Airways, Inc. v. McCutchen, et al, finding that equitable defenses

Article

Jorden Burt LLP | USA | 14 Mar 2013

Second Circuit finds jurisdiction under ERISA to decide insurer's counterclaim for overpaid plan benefits

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

Article

Jorden Burt LLP | USA | 15 Feb 2013

Scope of appropriate equitable relief reaches Supreme Court

Last year, the Supreme Court observed that "appropriate equitable relief" under ERISA 502(a)(3) could include all the remedies typically found

Article

Jorden Burt LLP | USA | 2 Nov 2012

The Fifth Circuit takes a fresh look at ERISA preemption

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.

Article

Jorden Burt LLP | USA | 2 Nov 2012

Ninth Circuit extends fiduciary exception to plan fiduciary insurers

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.

Article

Jorden Burt LLP | USA | 27 Aug 2012

Fifth Circuit limits insurer's discretion in interpreting summary plan description

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.

Article

Jorden Burt LLP | USA | 27 Aug 2012

DUI not necessarily bar to life insurance benefits

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.

Article

Jorden Burt LLP | USA | 1 Aug 2012

Labor Department modifies disclosure regarding brokerage windows in participant-directed plans

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).

Article

Jorden Burt LLP | USA | 4 Jun 2012

Carefully constructed settlement shields funds from ERISA equitable lien

Larry Griffin received nearly $300,000 in settlement from the party responsible for an automobile accident in which he was seriously injured.

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