Why the Court embarks on this peculiar path is beyond me. It cannot even be explained by an eagerness to demonstrate — by blatant dictum, if necessary — that, by George, plan members misled by …
When stripped of its “futility” label, Brown’s argument is a winner. Prudential’s failure to comply with its duty under § 1133(2) to provide Brown with “a reasonable opportunity . . . for a full and …
On May 8, 2003, United States magistrate Judge Roanne L. Mann issued a report and Recommendation (”R&R”), finding damages in favor of the plaintiffs in the amount of $ 2,272,647.80 On February 22, 2006, this …
The Court finds that plaintiffs’ claims against Hillyer do not fall within the scope of ERISA § 502(a) because they do not implicate a relationship governed by ERISA and because their resolution does not require …
Bland is the only Seventh Circuit case directly construing the fiduciary exception to the attorney client privilege, but Bland looked to other ERISA cases for explanation of what kinds of acts are fiduciary in nature. …
Every now and then an estoppel case pops up under ERISA, and the law is twisted and mangled to make it fit. See, e.g., Livick v. The Gillette Co., U.S. App. Lexis 8261, 43 E.B.C. …
This case requires the court to determine how the benefits of a self-funded ERISA group health policy and a non-ERISA individual health insurance policy should be coordinated with respect to a claim admittedly covered by …
What I haven’t seen . . is a study of how the system will make the hardest decisions about health care: who gets care and who doesn’t, especially at the beginning and ending of life, …
Because “entity” is undefined in the plan, it must be accorded its plain and ordinary meaning. Bailey v. Blue Cross & Blue Shieldof Va., 67 F.3d 53, 57 (4th Cir. 1995). Ahuja v. Ericsson, No. …
As a prevailing ERISA plaintiff, Flom is entitled to an award of fees unless such an award would be unjust. Because there are no circumstances that would make an award unjust in this case, we …