he principles announced in Glenn alter some of our court’s earlier approaches to reviewing discretionary determinations made by ERISA administrators allegedly operating under a conflict of interest. For example, before Glenn, when we found a …
Limitations of my previous webhosting service have impeded my posting of late. I have a new web host now and things are (for the most part) back to normal. I appreciate the patience of regular …
McCauley v. First Unum Life Ins. Co., 2008 U.S. App. LEXIS 26094 (2nd Cir.) (December 24, 2008) is a very significant decision from the Second Circuit. The Court finds UNUM’s past history a factor in …
The last few weeks have been a humbling experience. My webhost disabled my account due to the volume of traffic on my account. When I started this blog, I had no real ambition, nor any …
St. Luke’s may amend within thirty days. If St. Luke’s amends to assert an ERISA claim, the personal jurisdiction issue is far simpler. “[U]nder ERISA’s nationwide service of process provision,” 29 U.S.C. § 1132(e)(2), “[a] …
Paul Secunda, Assistant Professor of Law at Marquette, and prolific author, announced that he will not be a regular contributor at Workplace Prof Blog (see “Secunda Signing Off” post). Paul made this decision to make more …
Cuomo said his year-long investigation is far from over. Ingenix “is only the first step,” he warned. “I’m putting all other health insurance companies on notice today.” “AG Andrew Cuomo reins in health care giant …
While an ERISA plan administrator need not accord special deference to a treating physician’s opinion, Black & Decker Disability Plan v. Nord, 538 U.S. 822, 825, 123 S. Ct. 1965, 155 L. Ed. 2d 1034 …
Courts have not uniformly resolved whether state common fund doctrines are expressly preempted by ERISA; some courts have found express preemption, while others have not. Many courts have simply concluded, without even performing a preemption …
We conclude that a district court must apply the traditional rules of summary judgment when examining evidence outside of the administrative record in an ERISA case, including the requirement that the evidence must be viewed …