ERISA

:: Additional Class Certifications In Fed Ex Employment Practices Litigation

18. In Cause No. 3:05-CV-668 [South Carolina], the court GRANTS IN PART the plaintiffs’ motion for class certification [doc. # 578] and certifies the following class under Federal Rule of Civil Procedure 23(b)(2) for purposes of the plaintiffs’claims for unlawful wage deductions, S.C. CODE ANN. § 41-10-40, rescission and unjust enrichment, and declaratory relief: All …

:: Additional Class Certifications In Fed Ex Employment Practices Litigation Read More »

:: District Court Rejects “Substantial Compliance” Argument As Justification For Failure To Exhaust Administrative Remedies

Defendants filed a Motion for Summary Judgment asking that Plaintiff’s Count I be dismissed for failure to exhaust administrative remedies. Plaintiff asserts that she substantially complied with the appeal process by telling Prudential over the phone that she wanted to appeal Prudential’s decision. In the alternative, Plaintiff alleges that Defendants did not provide her a …

:: District Court Rejects “Substantial Compliance” Argument As Justification For Failure To Exhaust Administrative Remedies Read More »

:: Sixth Circuit Applies Trilogy Of Supreme Court ERISA Cases In Upholding State Law

Far from announcing a brave new line for ascertaining ERISA preemption, the post-1997 cases show only a willingness to place more emphasis on the presumption against preemption and on the underlying purposes of the ERISA statute–both of which give the States wider, but hardly unreviewable, berth in regulating the area. The last thing, indeed, that …

:: Sixth Circuit Applies Trilogy Of Supreme Court ERISA Cases In Upholding State Law Read More »

:: Reinstatements Revisited

Quote: Because the record does not suggest the Plan’s decision to terminate Tate’s long-term disability benefits was the result of an informed reasoning process, we conclude that the decision was arbitrary and capricious. But we cannot say that Tate was entitled to continued long-term disability benefits at the time her benefits were terminated, so we …

:: Reinstatements Revisited Read More »

:: Paternalism In Retirement Savings

the PPA and the DOL regulations channel 401(k) funds toward common stocks by effectively requiring that at least part of passive participants’ accounts be invested in such stocks. Surveying the wreckage of the Crash of 2008, this looks like misguided paternalism. A Lesson From the Crash of 2008: The Misguided Paternalism of the Qualified Default …

:: Paternalism In Retirement Savings Read More »

:: Personal Injury Attorneys Not Liable To Plan For Disbursement Of Recovered Funds

When negotiations between the attorney-defendants and the plaintiff concerning a possible settlement of plaintiff’s subrogation claim failed, Ms. DeBoer demanded her share of the settlement, and the attorney defendants paid over to her the amounts they had recovered, less their counsel fees and expenses. In doing so, they carefully notified Ms. DeBoer of her obligation …

:: Personal Injury Attorneys Not Liable To Plan For Disbursement Of Recovered Funds Read More »

:: How To Exclude “Independent Contractors” From Benefit Plans

“The following individuals are ineligible to participate in the Plan: (3) those individuals who are not on the Company payroll (such as consultants and independent contractors), whether or not they are later determined to be employees of the Company,…” Bendsen v. George Weston Bakeries Distrib., 2008 U.S. Dist. LEXIS 74212 (E.D. Mo. Sept. 26, 2008) …

:: How To Exclude “Independent Contractors” From Benefit Plans Read More »

:: Another Look At The Legality Of “Balance Billing” Practices

The federal laws which Plaintiffs argue preempt the state lien law are provisions concerning what is referred to as “balance billing.” These provisions mandate that state programs which receive Medicaid funds must only distribute those funds to providers who agree to accept those funds as payment in full and not bill individual patients for the …

:: Another Look At The Legality Of “Balance Billing” Practices Read More »