he complaint, however, clearly states what Anthem is alleged to have done: deny, as a matter of policy and in violation of ERISA, Plaintiff’s request for insurance benefits to cover RFA treatment, on the basis …
Plaintiff also claims it is a fiduciary. However, Plaintiff has offered no authority for this claim, nor does the amended complaint contain allegations that would support this contention. Plaintiff merely alleges that it is an …
Whether plaintiff or defendant, obligations to protect health information increasingly present obstacles to progress in ERISA litigation. A recent district court order serves as an example of how parties may reach an accord that assures …
One of the most exciting evolutions of flash memory is how the technology is starting to replace the woefully outdated technology found in hard drives. Cutting edge laptops like the MacBook Air and the Dell …
Two types of potential conflicts can be alleged by a plaintiff, a structural conflict or a procedural conflict. “The structural inquiry focuses on the financial incentives created by the way the plan is organized, whereas …
he relevant Policy provisions, which are expressly described as providing “fiduciary liability coverage,” only insure against claims of “wrongful acts.” The Policy defines “wrongful acts” as “any breach of the responsibilities, obligations or duties imposed …
On September 13, 2006, Mr. Tebbetts consulted with a doctor because he was experiencing pain in his abdomen, and the doctor ordered a CT scan of Mr. Tebbetts’ abdomen. The doctor sought pre-approval from Defendants …
The National Underwriter reports that the sixth annual Workplace Class Action Litigation Report by Seyfarth Shaw LLP indicates an increase in workplace litigation for 2010, both in terms of settlements and exposure. The report examines …
Based on Glenn and Abatie, therefore, it is within the discretion of the district court to permit limited discovery in an ERISA case. Any discovery, however, “must be narrowly tailored and cannot be a fishing …
Here, there are no terms in the plan which allow it to be amended by inserting into the SPD such critical provisions as the administrator’s discretionary authority to interpret the plan or to determine eligibility …