Therefore, the circuit courts generally have refused to apply the ERISA statute of limitations to any ERISA action that arises under a provision other than the fiduciary duty section for plan recoveries. These other ERISA …
In light of the First Circuit’s ruling addressing identical issues pertaining to an almost identical statute, this court determined that Rowe precluded the plaintiff from litigating the validity of the Act, noting that the two …
Here, plaintiffs’ claims regarding defendants’ alleged post-plan misfeasance are not preempted. As in Paulsen, plaintiffs’ state law claims run to non-fiduciary service providers and do not relate to the plan, its administration, or its benefits. The …
“We all want healthcare reform,” said one Blue Dog member. “What you’re seeing as angst is that Blue Dogs want healthcare reform and don’t want the country going bankrupt.” Blue Dog Democrat quoted in “House …
The government, having now decided that it erred in pursuing the ERISA theft offenses and that we erred in affirming those convictions, confessed error in the Supreme Court. See Young v. United States, 315 U.S. …
As health care “reform” proposals float in the air like leaves in an autumn breeze, it is interesting to see how “tort reform” finds new forms of expression from even the somewhat left-leaning Huffington Post. …
he Supreme Court granted cert. in Frommert v. Conkright, a Second Circuit opinion, on the following issues: Question presented: 1. Whether the Second Circuit erred in holding, in conflict with decisions of this Court and other …
I am beginning a revision of the tutorials on this site and decided to update those resources by adding an ERISA plan reimbursement checklist which you can access here. Sufficient caselaw has developed post-Sereboff that …
Despite President Obama’s pledge that “if you like your health care plan you can keep it”, he has admitted that he intends to scuttle the popular Medicare Advantage program. A recent USA Today article, “Seniors …
This court uses a multi-step analysis to guide these reviews of Administrator decisions and the various standards of review. HCA Health Services of Georgia, Inc. v. Employers Health Ins. Co., 240 F.3d 982, 993-95 (11th …