I have some work to do in updating the standard of review section of the ERISA Toolkit after the MetLife v. Glenn decision.  As I develop these segments, I will post them as independent units. …
Though Jordan has standing to seek statutory damages under § 1132(c)(1)(B), he is not entitled to statutory damages for Tyson’s alleged failure to produce three of the four documents at issue, namely: (1) Jordan’s October …
The only claim to implicate Aetna’s fiduciary relationship with the Bank is the Bank’s claim that Aetna breached the stop-loss extension by failing to reimburse the Bank for claims that Aetna delayed processing and paying …
A defendant pleading preemption must prove that: (1) the claim addresses an area of exclusive federal concern, such as the right to receive benefits under the terms of the Plan; and(2) the claim directly affects …
As I noted in a recent opinion, a clear distinction must be drawn between the Court’s allowing supplementation of the administrative record and the Court’s considering extra-record evidence: “For a court to supplement the record, …
efendants argue that certain allegations in the complaint fall within the ambit of section 502(a) of ERISA because plaintiffs, as plan participants, allege the broker defendants breached their fiduciary duties by failing to properly administer …
The district court used the framework that we established in Williams v. BellSouth Telecommunications, Inc., 373 F.3d 1132, 1137-38 (11th Cir. 2004), which provides a six-step process “for use in judicially reviewing virtually all ERISA-plan …
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 …
Jeffrey T. Kuntz, Esq., called my attention to the Eleventh Circuit opinion in Doyle v. Liberty Life. According to the opinion, “Glenn implicitly overrules and conflicts with our precedent requiring courts to review under the …
As the Seventh Circuit has recognized, the ERISA claimant whose initial application for benefits has been wrongfully denied is entitled to a different remedy than the claimant whose benefits have been terminated. Hackett v. Xerox …