Joshua Bachrach

Joshua Bachrach

Wilson Elser

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Latest Publications


Third Circuit Rules Failure to Disclose Deadline to File Suit in Denial Letter Warrants Setting Aside Limitations of Suit...

The Third Circuit ruled on August 26, 2015, that if a claim administrator fails to disclose in its final denial letter any plan-imposed deadline to challenge the denial in court, then that deadline will be set aside in favor...more

9/2/2015 - Appeals Assignments Claim Denial Letters Claims Limitations Period ERISA Physicians Remand Self-Insured Health Plans Statute of Limitations Vacated

Eleventh Circuit Addresses Statutory Penalty Claims under ERISA

The ERISA statute authorizes a court to award a penalty of up to $110 per day based on the failure of an Administrator to respond to a participant’s or a beneficiary’s request for plan documents. The term “Administrator” is...more

8/26/2015 - Benefit Plan Sponsors de facto Administrators Disability Benefits ERISA Fiduciary Duty Penalties Plan Administrators Statutory Penalties TPAs

Third Circuit Adopts Catalyst Theory in ERISA Cases for Attorney Fee Awards

Under the Employee Retirement Income Security Act of 1974 (ERISA), “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” The discretion of a court to award fees is not...more

5/15/2015 - Attorney's Fees Benefit Plan Sponsors ERISA Voluntary Payments

Seller Beware: Eighth Circuit Finds Insurer Potentially Liable for Enrollment Mistakes of Employer

In Silva v. Metropolitan Life Insurance Company, 762 F.3d 711 (8th Cir. 2014), the Eighth Circuit joined a number of other circuits in recognizing equitable remedies of reformation and surcharge based on a breach of fiduciary...more

3/2/2015 - Breach of Duty Employee Benefits Enrollment Equitable Surcharge ERISA Insurance Litigation Life Insurance Reformation

De Facto Plan Administrator Claims in the First Circuit

According to 29 U.S.C. § 1132(c)(1)(B) of ERISA, it is within a court’s discretion to award a penalty of up to $110 per day based on an administrator’s failure to comply with a plan participant’s or beneficiary’s request for...more

7/10/2014 - Benefit Plan Sponsors Employee Benefits ERISA Plan Administrators

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