:: Post-MetLife v. Glenn Decisions
The initial reception by the judiciary is the best indicator of what a Supreme Court decision really “means”. To that end, here’s what I have for decisions citing the case thus far: 1ST CIRCUIT – …
:: Tax Exempt Status Of Health Care Organizations Under Scrutiny
The country’s largest eye-care insurance program plans to ask the Supreme Court to decide whether the Internal Revenue Service properly revoked its tax exemption in 2003, company executives said Tuesday. The proposed filing, by VSP …
:: ERISA Preemption – What We Have Here Is A Failure To Communicate
Stephen Rosenberg observed this week that ERISA’s preemption provisions were “a legitimate policy choice by the Congress that passed ERISA to maintain one consistent federal policy and body of law for purposes of employee benefits.” …
:: First Circuit Rejects Lack Of Standing Defense To Former Participant Claims
The appellants contend that they are entitled to bring suit on behalf of the Plan 4 because they are “participants” within the statutory definition. Section 3(7) of ERISA, 29 U.S.C. § 1002(7), defines “participant” to …
:: Court Rebuffs Fiduciary Breach Claim As Redundant In Claim For Benefits Case
Even if the Court were to conclude that some Indiana state laws, such as those regulating insurance, were consistent with enforcement of the ERISA plan here, see, e.g. Rush, 536 U.S. 355, 122 S. Ct. …
:: District Court Muddles Directive Provided In MetLife v. Glenn
In this case, Mr. Carnes alleges a conflict of interest based on (1) the dual roles of Devon as both sponsor and administrator of the plan and (2) belief that as a company plan, Devon …
:: Ninth Circuit Sees Broader Discovery Rights For ERISA Claimants In Conflict Of Interest Cases
As Abatie and Glenn materially altered the standard of review applicable to the review of a plan administrator’s denial of benefits under ERISA, permitting consideration of evidence outside of the administrative record to determine the …
:: Health Net Settlement At $215 Million May Set Class Action Record
Health Net Inc. has agreed to pay $215 million and make $40 million worth of improvements in its business practices to settle three class action lawsuits that alleged the health insurer systematically underpaid two million …
:: Regulating Association Health Plans – A Sisyphean Task For State Insurance Departments
Michael Bianchi thinks he has the solution to the nation’s health care crisis: Keep people out of the doctor’s office by paying out benefits that encourage healthy lifestyles. Want nutritional supplements? No problem. Bianchi’s company, …
:: Seventh Circuit Permits Provider To Assert State Law Claims Over ERISA Preemption Challenge
Of course the difficulty arises in drawing the line between what is completely preempted and what escapes the cast of the federal net. The Supreme Court in Davila used a two-part analysis for determining when …