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Womble Bond Dickinson (US) LLP | USA | 29 May 2019

Insuretech and Beyond - An Evolving Litigation Landscape

In recent years, the life insurance industry has greatly enhanced the speed and efficiency of its underwriting decisions. This change in the


Womble Bond Dickinson (US) LLP | USA | 23 May 2017

Update on DOL Fiduciary Rule

We first began writing about the DOL Fiduciary Rule two years ago. Since then, the status of adoption of the Rule has been uncertain, even could be


Womble Bond Dickinson (US) LLP | USA | 17 Jan 2017

DOL’s Final Rule Modifies ERISA Disability Claim Regulations

Effective January 18, 2017, the Department of Labor issued a "final rule" modifying 29 CFR 2560.503-1, governing claims procedures for disability


Womble Bond Dickinson (US) LLP | USA | 10 Jun 2015

Once again, the Supreme Court upsets precedent in Fourth and Eleventh Circuit.

As we reported in our March 11, 2014 article, the Eleventh and Fourth Circuit Court of Appeals definitively rejected the "continuing breach" theory


Womble Bond Dickinson (US) LLP | USA | 11 Sep 2014

District court in 11th Circuit deems claim for equitable relief appropriate under Amara and Varity

Yet again, the Court has been called upon to negotiate the juxtaposition between Varity and Amara. According to the Complaint in Biller v. Prudential


Womble Bond Dickinson (US) LLP | USA | 21 Aug 2014

District court in Fourth Circuit rejects extension of Amara-like remedies to benefit cases.

The Honorable Martin Reidinger, sitting in the United States District Court for the Western District of North Carolina, declined Plaintiff's


Womble Bond Dickinson (US) LLP | USA | 11 Mar 2014

Eleventh Circuit joins Fourth Circuit in rejecting continuing breach approach to ERISA's statute of limitation

When a participant of a defined contribution plan complains that the plan fiduciaries breached their duties in failing to remove poor performing


Womble Bond Dickinson (US) LLP | USA | 21 Jan 2014

Supreme Court's decision in ERISA case overturns 4th and 11th Circuit rule governing finality of judgment.

When a United States District Court judge enters judgment in a case, but postpones for a later date determination of a party's motion for attorneys'


Womble Bond Dickinson (US) LLP | USA | 19 Dec 2013

Supreme Court overturns Fourth Circuit precedent on time limitations for filing ERISA benefit lawsuits

ERISA does not contain a statute of limitations governing the filing of a lawsuit for employee benefits under an ERISA plan, nor does it specify when


Womble Bond Dickinson (US) LLP | USA | 29 Oct 2013

District court in Florida further defines parameters of medical provider’s standing to sue under ERISA

Under ERISA 502(a)(1)(B), participants and beneficiaries are the only ones with standing to sue an employee benefit plan for benefits

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