In a recent law review article, I predicted that the level of review of the administrative record after Glenn will vary based upon judicial temperament. “The Debate Over Deference In The ERISA Setting – Judicial Review …
Here the district court concluded Standard was operating under a conflict of interest, but found Hackett failed to prove a serious breach of fiduciary duty. Accordingly, the conflict of interest was not a factor in …
On February 27, 2008, I dismissed Plaintiffs’ claims that Defendants were contractually barred and equitably estopped from reducing the minimum life insurance benefit. I concluded that “as a matter of law, the Plan unambiguously reserves …
But of course: the whole issue is whether reducing pension benefits by shutting down a plant with employees close to vesting was a “motivating factor” or was instead “incidental” because there were other, neutral, business …
Geraldine Nicholas appeals the district court’s denial of her motion to compel arbitration of her contract dispute with KBR, Inc., the successor corporation of her deceased husband’s former employer, M.W. Kellogg Co. Nicholas contends that …
The Bombardier court set out a three-part test to determine whether a claim qualified as relief pursuant to § 1132(a)(3), asking: does the Plan seek to recover funds (1) that are specifically identifiable, (2) that …
How often are ERISA cases disposed of by trial? Who wins more often on summary judgment motions? What is the relative number of ERISA cases on the dockect among the federal Courts Of Appeal? These …
According to the express language of the Plan, “Billed charges [“the amount a Provider charges for services rendered”] may be different from the amount that [Blue Cross] determines to be the Maximum Allowable Charge for …
his appeal has generated thorny questions involving the appropriate standard of judicial review under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461. It is now before us for a second time. Our initial encounter …
ollowing an outcry from physicians and discussions with the Medical Assn. of Georgia, one of Atlanta’s largest employers has temporarily halted work by a company it hired to seek supposed overpayments from doctors. Earlier this …