ERISA

:: 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 …

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:: 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 …

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:: 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 …

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:: 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) …

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:: 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 …

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:: State Regulators Set The Record Straight On The AIG Bailout

Some insurance lobbyists hope to politicize and mislead policymakers by suggesting AIG’s problems are a result of State insurance supervision, and could have been averted by Federal oversight. On the contrary, conservative State regulation ensured that while the federally regulated holding company was failing, the insurance businesses were appropriately capitalized and the interests of policyholders …

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:: Second Circuit Vacates Judgment For Plan, Suggests Appointment Of Counsel

Given that Douglas is currently pursuing her claims pro se, and given that our remand order requires consideration of a recent and complicated Supreme Court decision involving ERISA, it may be advisable for her to have the assistance of counsel. We therefore instruct the district court to consider appointing counsel to represent Douglas in these …

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