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Proskauer Rose LLP | USA | 1 Apr 2019

ERISA Newsletter

We often talk about the importance of evaluating whether there are any procedural obstacles to plaintiffs pursuing their ERISA


Lane Powell PC | USA | 25 Mar 2019

ERISA 8th Circuit: When Malingering Justifies Disability Claim Denial

When does evidence of malingering justify denial of a long term disability claim? It depends. A physician’s subjective opinion regarding malingering


Arent Fox LLP | USA | 27 Jun 2018

Fifth Circuit: Complaints Seeking Plan Benefits Need Not Quote Provisions, Especially When Insurers Refuse to Provide Documents

The Fifth Circuit recently held that plaintiffs seeking benefits, under plans governed by the Employee Retirement Income Security Act of 1974 and


Jackson Lewis PC | USA | 15 Apr 2018

Financial Conflict of Interest in the Eighth Circuit: Trigger of a Less Deferential Standard of Review or Mere Factor in Determining Plan Administrator Abuse of Discretion?

It is well-established under the Employee Retirement Income Security Act of 1974 (“ERISA”) that when an employee benefit plan grants the plan


Arent Fox LLP | USA | 5 Apr 2018

Second Circuit Decision Warns Plan Administrators to Strictly Adhere to ERISA Regulations & Plan Terms

Health plans and administrators subject to the Employee Retirement Income and Security Act have been warned: failure to comply with ERISA’s procedural


Bryan Cave Leighton Paisner (Bryan Cave) | USA | 26 Mar 2018

Seventh Circuit Holds ERISA Venue Selection Provision is Enforceable

On August 10, 2017, in In re Mathias, the United States Court of Appeals for the Seventh Circuit held ERISA Section 502(e)(2) venue provisions do not


Dickinson Wright | USA | 12 Feb 2018

Is a Self-Funded STD Plan an ERISA Plan or an Exempt Payroll Practice?

ERISA generally governs all pension and welfare benefit plans. In regulations, the Department of Labor (“DOL”) has exempted certain types of plans or


Lane Powell PC | USA | 24 Aug 2017

9th Circuit ERISA: How “Wrap Documents” Can Satisfy ERISA Plan Requirements?

You already know that ERISA imposes on employers the duty to provide a written plan document, and a Summary Plan Description (SPD) which states key


Thompson Coburn LLP | USA | 7 Mar 2017

In a significant change, 2nd Circuit requires strict compliance with Department of Labor claim regulations

At least in the 2nd Circuit, new pitfalls await ERISA administrators processing claims and appeals from adverse benefit determinations. If that


Seyfarth Shaw LLP | USA | 13 Dec 2016

The Supreme Court’s New Church Plan Cases How They Might Affect ERISA Litigation Generally

Seyfarth Synopsis: The Supreme Court's grant of certiorari in three Church Plan cases presents the possibility that many Church Plans thought for

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