Skip to content
  • Home
  • About
  • ERISA Statutory Provisions
  • Reporting & Filing
  • State Insurance Departments
ERISA & Benefit Plans
A Practical Guide to ERISA and Group Benefit Plans
  • Home
  • About
  • ERISA Statutory Provisions
  • Reporting & Filing
  • State Insurance Departments
Category: Uncategorized

Category: Uncategorized

Home Archive for category "Uncategorized" (Page 2)

:: Supreme Court Declines To Hear Amschwand

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

The Supreme Court has denied cert in Amschwand v. Spherion – the Fifth Circuit decision which denies death benefits as an impermissible attempt to collect money damages. The facts were extremely sympathetic with the employee’s …

Read more":: Supreme Court Declines To Hear Amschwand"

:: Zelinsky On MetLife v. Glenn

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

MetLife v. Glenn has engendered extensive discussion. However, so far, one aspect of this decision has gone unremarked: MetLife v. Glenn is one more unintended push from our legal system, nudging employers away from traditional …

Read more":: Zelinsky On MetLife v. Glenn"

:: Counterclaim For Disability Benefits Properly Framed In Terms Of Sereboff Prerequisites

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

I recently criticized the tendency evidenced in several post-Sereboff opinions to merge the requirement of a fund, separable from the defendant’s general assets, with the abandonment of a strict tracing principle. See, :: Seventh Circuit …

Read more":: Counterclaim For Disability Benefits Properly Framed In Terms Of Sereboff Prerequisites"

:: The “New Originalism” – A Scholar’s View Of Judicial Perspective

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

The seemingly arid topic of judicial interpretation and construction of federal law has been taken up in a lively and informative discussion on The Legal Theory Blog. The point of departure for the series of …

Read more":: The “New Originalism” – A Scholar’s View Of Judicial Perspective"

:: Court Holds Contractual Language Does Not Bar Plaintiff’s Disability Claims

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

In the case at bar, the plain language of the policy stated that “[i]f the time limits that We allow for giving notice of claim or for submitting proof of loss is less than the …

Read more":: Court Holds Contractual Language Does Not Bar Plaintiff’s Disability Claims"

:: New ERISA Advisory Opinion Issued On Use Of Plan Assets To Achieve Collateral Objectives

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

The Department has also consistently rejected a construction of ERISA that would render ERISA’s tight limits on the use of plan assets illusory and that would permit plan fiduciaries to expend trust assets to promote …

Read more":: New ERISA Advisory Opinion Issued On Use Of Plan Assets To Achieve Collateral Objectives"

:: Eighth Circuit Relies Upon Pre-Glenn Precedent In Evaluating Disability Claim

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

Wakkinen asserts that another procedural irregularity existed in that UNUM lacked knowledge of Wakkinen’s condition and failed to inquire into his fibromyalgia and chronic fatigue syndrome when it denied his claim. We continue to examine …

Read more":: Eighth Circuit Relies Upon Pre-Glenn Precedent In Evaluating Disability Claim"

:: 10 Things The Supreme Court Did Not Do In MetLife v. Glenn

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

The opinion is rife with instruction on what a court should not do. In the final analysis, the Court seems to advance a gestalt reasonableness standard (a “combination-of-factors method of review,” the opinion calls it, …

Read more":: 10 Things The Supreme Court Did Not Do In MetLife v. Glenn"

:: Post-MetLife v. Glenn Decisions

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

The initial reception by the judiciary is the best indicator of what a Supreme Court decision really “means”. To that end, here’s what I have for decisions citing the case thus far: 1ST CIRCUIT – …

Read more":: Post-MetLife v. Glenn Decisions"

:: Tax Exempt Status Of Health Care Organizations Under Scrutiny

Roy Harmon Uncategorized March 10, 2021 March 10, 2021

The country’s largest eye-care insurance program plans to ask the Supreme Court to decide whether the Internal Revenue Service properly revoked its tax exemption in 2003, company executives said Tuesday. The proposed filing, by VSP …

Read more":: Tax Exempt Status Of Health Care Organizations Under Scrutiny"

Posts navigation

1 2 3 4 … 11

Topics

Powered by Kahuna & WordPress.
©2023 ERISA & Benefit Plans
  • State Insurance Departments-
Back to Top