Anthony Cacace

Anthony Cacace

Proskauer Rose LLP

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Second Circuit: Five Factors Still Relevant to ERISA Attorney Fee Awards

The Second Circuit recently had occasion to provide guidance to the lower courts on the standard for evaluating an ERISA attorneys’ fee application following the U.S. Supreme Court’s ruling in Hardt v. Reliance Standard Life...more

4/1/2014 - Attorney's Fees ERISA Reliance Standard Life Insurance SCOTUS

No New Statute of Limitations Each Time An Alleged Miscalculated Disability Benefit Is Paid

The First Circuit recently held, in line with other circuits, that the statute of limitations for a claim of underpayment of long-term disability benefits does not accrue with each monthly benefit payment made, but instead...more

3/19/2014 - Disability Disability Benefits Statute of Limitations

Express Plan Terms Allow Self-Insured Plan to Recover Medical Benefits Paid to Employee Post-McCutchen

In Quest Diagnostics v. Bomani, et al., 11-CV-00951 (D. Conn., June 19, 2013), the court granted Quest Diagnostic’s (“Quest”) motion for summary judgment, ruling that Quest, as the fiduciary to its self-insured medical plan,...more

6/25/2013 - ERISA McCutchen v. U.S. Airways Self-Insured Health Plans Settlement Third-Party

The ERISA Litigation Newsletter - May 2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

5/13/2013 - 403(b) Plans Affordable Care Act Class Action Class Certification Comcast v. Behrend Damages Disclosure Requirements ERISA Heimeshoff v. Hartford Life & Accident Insurance Co. IRS Liability Multiemployer Plan Pensions Private Equity Funds SCOTUS Statute of Limitations Sun Capital Partners Transparency Waivers

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more

5/9/2013 - ERISA Multi-Employer Pensions PBGC Private Equity Withdrawal Liability

Ninth Circuit Rules on Breach of Fiduciary Duty Claim in Investment Options Case

In Tibble v. Edison Int’l, 10-cv-56406, 2013 WL 1174167 (9th Cir. Mar. 21, 2013), the Ninth Circuit Court of Appeals ruled that 401(k) plan fiduciaries breached their duty of prudence in selecting investment options for the...more

3/29/2013 - 401k ERISA Fiduciary Duty Retirement Plan

The ERISA Litigation Newsletter - March 2013

In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more

3/13/2013 - Disability Disability Insurance Drug & Alcohol Abuse ERISA Fiduciary Duty Healthcare Indemnification SCOTUS Settlement Standing

The ERISA Litigation Newsletter - February 2013

In This Issue: - Editor's Overview - View from Proskauer: Are Your Conversations Privileged under ERISA? - Rulings, Filings, and Settlements of Interest ...more

2/19/2013 - 401k Attorney-Client Privilege COBRA Confidential Communications Conflicts of Interest Employee Benefits Employer Group Health Plans ERISA Fiduciary Duty Health Insurance Overpayment Standing Statute of Limitations Third-Party

The ERISA Litigation Newsletter - January 2013

In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more

1/25/2013 - Affordable Care Act Class Action Class Certification Employee Benefits ERISA Expert Witness Health Insurance Exchanges Retirement Stocks Wal-Mart

The ERISA Litigation Newsletter - December 2012

In This Issue: - Editors' Overview - Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen - Rulings, Filings, and Settlements of Interest ...more

12/20/2012 - Appropriate Equitable Relief Employer Group Health Plans ERISA Medical Reimbursement Patent Exhaustion Preemption Retirement Plan Standard of Review Statutory Penalties

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