One of the nation’s largest processors of pharmacy prescriptions said Thursday that extortionists are threatening to disclose personal and medical information on millions of Americans if the company fails to meet payment demands. Brian Krebs …
Edward A. Zelinsky, Benjamin N. Cardozo School of Law, comments on the Ninth Circuit’s recent decision sustaining the San Francisco health ordinance under an ERISA preemption challenge. The paper is entitled “Employer Mandates and ERISA …
Similar to the federal False Claims Act, many states have enacted analogous statutes. As enacted by section 6031 of the Deficit Reduction Act of 2005, section 1909 of the Social Security Act (Act) provides a …
That it may be impossible to prove that Mr. Nally was indeed hypoglycemic at the moment of his accident does not mean that LINA’s decision does not survive moderately heightened arbitrary and capricious review. It …
“As an independent, non-fiduciary, third-party administrator, Everest might still be liable . . . if the Geddesses had made claims against Everest individually, distinct from its role as United’s agent. But they did not. Nor …
The district court’s reliance on the Sixth Circuit’s decision in Wenner was misplaced, both because it is contrary to the law of this circuit and because that decision’s rationale is flawed. In Wenner, a claimant’s …
The make-whole rule provides that an insurer cannot enforce its subrogation rights unless and until the insured [i. e., Farie] has been made whole by any recovery, including any payments from the insurer.” Copeland Oaks …
As a threshold matter, the Court recognizes that it is possible, even likely, that a significant portion of the settlement funds do–or, perhaps more accurately, will at some point in the future–belong to some of …
May an attorney be held liable for aiding and abetting a fiduciary breach? A recent law review article raises the issue and advocates the view. The article isn’t written for an ERISA audience, but it …
Q-2: Is an ERISA fidelity bond the same thing as fiduciary liability insurance?No. The fidelity bond required under section 412 of ERISA specifically insures a plan against losses due to fraud or dishonesty (e.g., theft) …