Robert Rachal

Robert Rachal

Proskauer Rose LLP

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The ERISA Litigation Newsletter

Editor's Overview - As it is well known, in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011), the U.S. Supreme Court identified several forms of appropriate equitable relief that may be available under Section 502(a)(3) of...more

11/19/2014 - ADEA Choice-of-Venue CIGNA v Amara Compensatory Awards Employer Group Health Plans Employer Liability Issues Equitable Estoppel Equitable Relief Equitable Surcharge ERISA FSA IRS Life Insurance reformation SCOTUS

The ERISA Litigation Newsletter - October 2014

Editor's Overview - The first article in this month's newsletter focuses on whether specific language in ERISA employer-provided disability insurance plans confer discretionary authority to plan administrators to...more

10/22/2014 - Delegation of Discretion Disability Insurance Employee Benefits ERISA Plan Administrators

The ERISA Litigation Newsletter

Editor's Overview - As the summer draws to a close, no one would fault you if you missed the Fourth Circuit's decision in Tatum v. RJR Pension Investment Committee, which was published on August 4th. However, plan...more

9/11/2014 - 401k Employer Liability Issues ERISA FIfth Third Bancorp v Dudenhoeffer Loss Causation RJR Nabisco Shareholders

Mental Health Parity Act: A Litigation Update

The Federal Mental Health Parity and Addiction Equity Act (the “Federal Parity Act”), like many similar state parity laws, mandates that financial requirements (e.g., copayments, coinsurance, or deductibles) and treatment...more

9/11/2014 - ERISA Healthcare Mental Health Mental Health Parity Rule New Legislation

The ERISA Litigation Newsletter - July 2014

Editor's Overview - The end of the U.S. Supreme Court's term brought two significant ERISA decisions. The first concerns the standard of review that courts apply when evaluating ERISA stock-drop claims. As discussed...more

7/17/2014 - Affordable Care Act Burwell v Hobby Lobby Contraceptive Coverage Mandate Employer Mandates ERISA FIfth Third Bancorp v Dudenhoeffer Hobby Lobby Mental Health Parity Rule Religious Exemption Religious Freedom Restoration Act SCOTUS Stock Drop Litigation

Hobby Lobby: The Supreme Court’s View and Its Impact

For the second time in two years the United States Supreme Court (the “Court”) has ruled against the Obama Administration with respect to elements of the Affordable Care Act (the “ACA”). In a 5-4 decision announced today in...more

7/2/2014 - Burwell v Hobby Lobby Contraceptive Coverage Mandate Contraceptives Hobby Lobby Religious Exemption Religious Freedom Restoration Act SCOTUS

The ERISA Litigation Newsletter - June 2014

Editor's Overview - In this month's issue, our authors address severance benefit claims and ERISA disclosure requirements. In our first article, Joe Clark addresses whether a plan administrator should conduct an...more

6/16/2014 - Affordable Care Act Disclosure Requirements Employee Rights Employer Liability Issues ERISA Evidentiary Rulings Hiring & Firing Plan Administrators Reporting Requirements Settlement Severance Agreements Severance Pay

The Debate Continues Over The Fiduciary Status of 401(k) Plan Service Providers

In Golden Star Inc. v. MassMutual Life Ins. Co., 2014 WL 2117511 (D. Mass. May 20, 2014), a district court addressed two issues that have become hotly contested in 401(k) plan fee litigation: (1) whether and when a plan...more

6/2/2014 - 401k Benefit Plan Sponsors Delegation of Discretion DOL ERISA Fees Fiduciary Duty MassMutual Retirement Plan Revenue Sharing

Transgender Woman Seeks Coverage Under ACA

A transgender woman recently filed a complaint in the U.S. District Court for the Central District of Illinois against her primary care physician, as well as the not-for-profit health-care clinic with which her physician is...more

5/5/2014 - Affordable Care Act Anti-Discrimination Policies Healthcare Medicaid Medicare Physicians Title IX Title VI Transgender

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

1/21/2014 - Blue Cross Burden of Proof Cafeteria Plans Class Action Class Certification Comcast Contraceptive Coverage Mandate Daubert Standards Discrimination ERISA Flexible Spending Accounts General Motors Health Savings Accounts Human Resources Professionals IRA Predominance Requirement Rule 23 Same-Sex Marriage SCOTUS Subject Matter Experts Wal-Mart

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

Supreme Court to Resolve Circuit Split in Health Care Reform Cases

The Supreme Court will review two of the numerous lawsuits challenging the Affordable Care Act’s (ACA) requirement that group health plans and insurers cover, without cost-sharing, contraceptives and/or abortifacients (the...more

12/2/2013 - Affordable Care Act Conflicts of Laws Contraceptive Coverage Mandate First Amendment Healthcare Healthcare Reform Hobby Lobby Religion RFRA

Claims Administrator Not Liable Under ERISA For Alleged Failure to Follow ACA’s Enhanced Benefit Claim Procedures

A federal court in New York appears to have issued the first published decision addressing alleged violations of the enhanced benefit claim procedures arising out of the Affordable Care Act (ACA). The new procedures contain...more

11/25/2013 - Affordable Care Act Claim Procedures Employee Benefits ERISA

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

Fourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. v. Dukes In Denying Leave to Amend Complaint in Pay...

In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of...more

11/5/2013 - Class Certification Commonality Dukes v Wal-Mart Gender Discrimination Gender-Based Pay Discrimination Plain Error

The ERISA Litigation Newsletter - July 2013

As Amy Covert and Aaron Feuer discuss below, the U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the...more

7/12/2013 - Affordable Care Act Certiorari Compensation & Benefits ERISA Fees Form 720 Hartford Life and Accident Insurance Company Heimeshoff v. Hartford Life & Accident Insurance Co. Insurers PCORI SCOTUS Statute of Limitations

The ERISA Litigation Newsletter - April 2013

Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more

4/12/2013 - Benefit Plan Sponsors Claim Procedures ERISA Pensions

District Court Permits ERISA Claim for Benefits of IRO Review, Holding Such Review Is Not an Arbitration

In Yox v. Providence Health Plan, No. 12–cv–01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit denials by an independent review organization (IRO) is not akin to an...more

3/20/2013 - Arbitration Denial of Benefits ERISA Independent Review Organization

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