:: Update To ERISA Toolkit

[This information is for historical context given the 2008 opinion of the U.S. Supreme Court in MetLife v. Glenn. https://www.scotusblog.com/case-files/cases/metlife-v-glenn/ ] On the standard of review – a new checklist. This is added to the ERISA Toolkit page. ___________________________________________________________________The proper standard of review to be applied in judicial review of a plan administrator’s decision varies …

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:: Additional Class Certifications In Fed Ex Employment Practices Litigation

18. In Cause No. 3:05-CV-668 [South Carolina], the court GRANTS IN PART the plaintiffs’ motion for class certification [doc. # 578] and certifies the following class under Federal Rule of Civil Procedure 23(b)(2) for purposes of the plaintiffs’claims for unlawful wage deductions, S.C. CODE ANN. § 41-10-40, rescission and unjust enrichment, and declaratory relief: All …

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:: The Shank Case In Retrospect

The issue lit up the blogosphere as commentators denounced Wal-Mart. Earlier this week, Wal-Mart announced it would drop its effort to collect and would change its policy regarding subrogation to allow for exceptions. Tara Parker-Pope notes the public relations punishment that can be delivered via the blogosphere. The fact is, the major media outlets keep …

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:: Stop Loss Carrier Averts ERISA Preemption In Dispute Over “Fronted” Claims Reimbursement

More specifically, the sole issue we decide in this appeal is whether ERISA preempts a state law breach of contract claim and an alternatively pled state law unjust enrichment claim brought by a third-party company hired to perform only non-discretionary administrative services, under the self-funded portion of an employee health care benefit plan covered by …

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:: District Court Opinion On PBM Disclosure Law Vacated

The plaintiff-the Pharmaceutical Care Management Association-is a national trade organization representing pharmacy benefit managers. Pharmacy benefit managers act as “middlemen” hired by health benefit providers (such as employers, health maintenance organizations, and public and private health plans) “to provide prescription drug benefit administration and management services.” One important role of a pharmacy benefit manager is …

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:: Failure To Furnish SPD Can Lead To Loss Of Deferential Standard Of Review

Although Lumbermens has shown that the Summary Plan Description (“SPD”) unambiguously confers upon the Plan administrator discretionary authority to determine eligibility for benefits and to construe the terms of the plan, see Ingram v. Martin Marietta Long Term Disability Income Plan, 244 F.3d 1109, 1112 (9th Cir.2001), it has failed to show that it properly …

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:: Failure To Furnish SPD Can Lead To Loss Of Deferential Standard Of Review

Although Lumbermens has shown that the Summary Plan Description (“SPD”) unambiguously confers upon the Plan administrator discretionary authority to determine eligibility for benefits and to construe the terms of the plan, see Ingram v. Martin Marietta Long Term Disability Income Plan, 244 F.3d 1109, 1112 (9th Cir.2001), it has failed to show that it properly …

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