Madeline Chimento Rea

Madeline Chimento Rea

Proskauer Rose LLP

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Procedural Errors Don’t Alter Standard of Review In ERISA Claim for Benefits

The Ninth Circuit recently held that where an ERISA plan provides the plan administrator discretionary authority to determine benefit claims, procedural violations that occur during the course of the administrative claims...more

12/19/2014 - Claim Procedures ERISA Plan Administrators

The ERISA Litigation Newsletter - May 2014

Editor's Overview - This month our authors explore two important areas of ERISA's fiduciary duties applicable to single employer and multiemployer plans. First, Neal Schelberg and Aaron Feuer comment on a growing trend...more

5/23/2014 - Bankruptcy Code Collective Bargaining Employer Contributions Employer Liability Issues ERISA Fiduciary Duty Multiemployer Plan Retirement Plan SCOTUS Trust Assets

Ninth Circuit Says Disability Plan Participant’s Claim Is Time-Barred

The Ninth Circuit in Gordon v. Deloitte & Touche, LLP Group Long Term Disability Plan, 2014 WL 1394962 (9th Cir. Apr. 11, 2014) affirmed summary judgment in favor of a long term disability plan on the ground that the...more

4/22/2014 - Denial of Benefits Disability Disability Discrimination

The ERISA Litigation Newsletter - December 2013

This month we look at part two of our three part series on Class Actions. In part two, Robert Rachal, Page Griffin and Madeline Chimento Rea address Wal-Mart's Rule 23(b) principles, including some defenses to plaintiffs' use...more

12/19/2013 - ADEA Affordable Care Act Class Action Class Certification Collective Actions Comcast v. Behrend Declaratory Relief Dukes v Wal-Mart Duty of Prudence ERISA FLSA Injunctions Plan Administrators Rebuttable Presumptions Wal-Mart

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment...more

11/22/2013 - Affordable Care Act Class Action Class Certification Comcast Competition Damages Discrimination Dukes v Wal-Mart ERISA FICA Taxes Flexible Spending Accounts Gender Discrimination Healthcare Healthcare Reform HRA IRS Penalties Rule 23 Same-Sex Marriage SCOTUS Section 409A Severance Pay Tax Refunds US v Windsor Wal-Mart

Veterans Day Edition: The Federal Government’s Emphasis on Training and Hiring Veterans

In honor of Veterans Day, this alert addresses contractors’ obligations with respect to veterans. As readers of this blog are aware, on August 27, 2013, the Office of Federal Contract Compliance Programs released its final...more

11/12/2013 - Affirmative Action Contractors Disability Federal Contractors Rehabilitation Act Subcontractors Training Veterans Vietnam Era Veterans’ Readjustment Assistance Act

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