In late 2013, I met with my first same sex couple clients since the U.S. Supreme Court overruled the Defense of Marriage Act (DOMA) last year. If you
A case decided last month in federal court in North Carolina, Yarber v. Capital Bank Corporation, involved a factual situation that many private
On February 25, 2013, the U.S. District Court for the Middle District of North Carolina issued an opinion and final judgment ruling in favor of
The U.S. District Court for the Middle District of North Carolina has decided a significant issue in the long-pending “plan mismanagement” action against R.J. Reynolds Tobacco Company (“RJR Tobacco”) for alleged ERISA violations concerning the elimination of certain investments in its retirement plan (the “RJR Tobacco Plan”).
A recent decision in the U. S. District Court for the Eastern District of North Carolina has held that a plan administrator with a claim against the insured for amounts recovered from a third party for medical benefits cannot pursue equitable remedies against the contingency fee attorney under the Employee Retirement Income Security Act of 1974 (“ERISA”).
A federal court in North Carolina recently held that an employer that provided non-ERISA short-term disability (STD) benefits for employees under a written policy had the discretion to determine whether an employee met the definition of “disabled” so long as it exercised the discretion in a reasonable manner and in good faith.