:: 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 – …
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 – …
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 …
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.” …
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 …
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. …
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 …
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 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 …
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, …
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 …