Wesley Covert

Wesley Covert

Laner Muchin, Ltd.

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Employment Relationship Not Required For Claim Of ERISA Violation For Benefit Rights

In a recent Seventh Circuit Court of Appeals decision successfully litigated by Laner Muchin, the Court addressed novel aspects of whether an employer interfered with employees’ benefit rights in violation of ERISA. The case...more

3/13/2014 - Employee Benefits Employee Rights ERISA Human Resources Professionals Layoffs Section 510

Employers Should Determine The Reasonableness Of Their Benefit Plans' Limitations Period Based On A Recent U.S. Supreme Court...

In Heimeshoff v. Hartford Life & Accident Insurance Co., the Supreme Court recently upheld a plan-imposed limitations period on a participant’s right to file suit for benefits so long as that period is not unreasonably short...more

1/31/2014 - Disability Employee Benefits Heimeshoff v. Hartford Life & Accident Insurance Co. Limitation Periods SCOTUS Statute of Limitations

Citing Windsor, Two Courts Extend Spousal Rights To Same-Sex Couples Who Reside In States That Do Not Recognize Same-Sex Marriage

As we previously reported, the decision overturning the federal Defense of Marriage Act (DOMA) left open many questions, including the impact of the decision on states that do not recognize same-sex marriage. Recent decisions...more

8/13/2013 - DOMA Employee Benefits Equal Protection Preemption Profit Sharing Same-Sex Marriage SCOTUS Surviving Spouse US v Windsor

The Supreme Court's Decision Declaring Section 3 Of The Defense Of Marriage Act Unconstitutional Has Far-Reaching Implications For...

On June 26, 2013, in United States v. Windsor, the United States Supreme Court struck down Section 3 of DOMA, holding that it was unconstitutional to discriminate between same-sex and opposite-sex marriages for purposes of...more

7/12/2013 - Civil Unions DOMA Domestic Partnership Employee Benefits Employer Mandates Equal Protection Marriage Same-Sex Marriage SCOTUS US v Windsor

7th Circuit Rules Employee May Recover Monetary Damages In ERISA Claim For Unpaid Benefits Against Insurer Who Denied Coverage...

The Seventh Circuit’s recent decision in Kenseth v. Dean Health Plan, Inc. provides a means for employees to collect monetary relief on their claim for benefits if they can show that the terms of the plan were not clear, and...more

7/9/2013 - Damages Employee Benefits ERISA Insureds Insurers Surgery

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