Michael Graham

Michael Graham

McDermott Will & Emery

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Sixth Circuit to Revisit Unprecedented Expansion of ERISA Wrongful Denial of Benefits Remedies

On December 6, 2013, in Rochow v. Life Insurance Company of North America, 737 F.3d 415 (6th Cir. 2013), the Sixth Circuit affirmed a district court ruling that an insurance company that improperly denied ERISA disability...more

3/7/2014 - Denial of Benefits Disability Disability Benefits ERISA

View From McDermott: Conflicting Review Standards in Executive Retirement Plan Benefit Claims—Is There Really a Difference?

Under the Employee Retirement Income Security Act, retirement plans generally come in two flavors – (i) retirement plans qualified under Section 401 of the Internal Revenue Code (the Code) and (ii) executive retirement plans,...more

2/27/2014 - ERISA Executive Compensation Retirement Plan Standard of Review

Supreme Court Upholds ERISA Plan’s Three-Year Deadline to File a Lawsuit

The Supreme Court of the United States ruled that an ERISA plan may properly impose a reasonable time limit on filing a lawsuit to recover benefits. Such time may start to run even before completion of the required...more

12/17/2013 - Claim Procedures Disability Benefits ERISA Hartford Life and Accident Insurance Company Heimeshoff v. Hartford Life & Accident Insurance Co. Proof of Loss SCOTUS Statute of Limitations

Multiple Class Action Complaints Challenge Church Plan Status of Hospital Pension Plans

Recent complaints challenging the “church plan” status of certain pension plans maintained by church-sponsored hospital systems may signal the beginning of a new wave of lawsuits challenging underfunded church pension plans. ...more

7/1/2013 - Catholic Church Churches Class Action ERISA Hospitals IRS Pensions

Second Circuit Narrows ERISA Exhaustion Requirement When Plan Document Is Ambiguous on Need to Follow Claims Procedures

The U.S. Court of Appeals for the Second Circuit’s holding in Kirkendall v. Halliburton, Inc. reaffirms that a benefit plan’s claims procedures must be drafted clearly and in language to be understood by a reasonable...more

2/7/2013 - Ambiguous Claims Procedures ERISA Patent Exhaustion Retirement Plan

5 Results
|
View per page
Page: of 1