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Labor & Employment Insurance Civil Procedure

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Putative Class Action Involving A Patented Reinsurance Arrangement For Workers’ Compensation Coverage Largely Survives Dismissal

by Carlton Fields on

The case is pending in a federal district court in New York, and involves three allegedly interconnected contracts purportedly “designed to circumvent [state] insurance laws,” including the laws of New York. ...more

Unemployment Benefits Do Not Factor Into Damages Calculations in Employment Discrimination Lawsuits

A recent New Jersey Appellate Division opinion now makes it explicitly clear that unemployment benefits cannot be deducted from back pay damages in employment discrimination cases under the New Jersey Law Against...more

Supreme Court Decides Coventry Health Care of Missouri, Inc. v. Nevils

by Faegre Baker Daniels on

On April 18, 2017, the Supreme Court of the United States decided Coventry Health Care of Missouri, Inc. v. Nevils, No. 16-149, holding that: 1) under the FEHBA (specifically, 5 U.S.C. § 8902(m)(1)), the provisions of a...more

An Owner May Lend a Vehicle with a Valid Prohibition Against Lending It to a Third Party

by Field Law on

If you loan your vehicle to someone, can you impose a condition that they not lend it on to an unknown third party? In the decade since Mugford v. Weber, the law has been that owners cannot put conditions on their consent to...more

Pennsylvania Appellate Court Denies Petition To Transfer Structured Settlement Involving LHWCA

by Carlton Fields on

Relying on Federal Court precedent, a Pennsylvania intermediate appellate court resolved whether the plain language of Section 916 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) prohibits the assignment of...more

Connecticut Supreme Court Issues Important Clarification For Independent Contractor Test

On March 21, 2017, the Connecticut Supreme Court issued an important ruling, finding that an individual may be still considered an independent contractor under the state’s Unemployment Insurance Act even if he/she only...more

Wisconsin Unemployment Insurance Benefits Upon Discharge for Absenteeism – the Employer’s Policy May Be More Generous, But Not...

by Ruder Ware on

The Wisconsin Court of Appeals issued a decision in an unemployment insurance benefits case on March 8 that provides clarity where an employee is discharged for absenteeism. The case is Wisconsin Department of Workforce...more

Labor Department Boosts Disability Claimant Protections

by Fisher Phillips on

The U.S. Department of Labor (USDOL) recently issued a final rule addressing disability benefit claims and appeals (see 81 FR 92316). The rule adds new procedural protections and safeguards meant to ensure disability...more

California Supreme Court Upholds Public Retirement Boards' Fiduciary Role When Adjudicating Disability Retirement Applications

by Nossaman LLP on

In a victory for the San Bernardino County Employees’ Retirement Association (“SBCERA”) and the nineteen other county retirement systems administered under the County Employees Retirement Law of 1937 (Gov. Code, § 31450 et...more

ERISA: 7 Things to Know About Limited Discovery in ERISA Long Term Disability Cases

You already know that discovery in ERISA cases is generally limited because of the “significant ERISA policy interests of minimizing costs of claim disputes and ensuring prompt claims-resolution procedures.”...more

Illinois Supreme Court Holds Occupational Disease Pension Does Not Trigger Health Insurance Benefits

by Sedgwick LLP on

In 2003, the Illinois Supreme Court held that anyone who qualified for a line-of-duty pension under section 4-110 of the Illinois Pension Code qualified as having a “catastrophic injury” within the meaning of Section 10(a) of...more

Indiana Applies Heightened Summary Judgment Standard In Determining Vicarious Liability For An Employee Driving A Provided Company...

by Reminger Co., LPA on

For an employee, the opportunity to drive a company vehicle is certainly a job perk. For an employer, however, issuing company vehicles comes with the risk that it may be held liable for any negligence of the employee arising...more

Three Point Shot - February 2017

by Proskauer Rose LLP on

Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more

Pennsylvania District Court Rejects Effort to Certify Retained Asset Account Claims Against Prudential

by Carlton Fields on

In Huffman v. Prudential, a federal judge in the Eastern District of Pennsylvania recently rejected the plaintiffs’ effort to certify for class adjudication a claim for alleged breach of ERISA (alternatively, state law)...more

Retail and Consumer Products Law Roundup - December 2016

How Retailers Can Avoid Regulatory Scrutiny During Holiday Season - With the holiday season often accounting for one-third of a retailer’s annual sales, competition can be fierce. Tempting as it is to grab for every...more

Life Insurance Industry Loses Challenge to Department of Labor Fiduciary Liability Rules

by Hinshaw & Culbertson LLP on

The National Association for Fixed Annuities v. Perez, Civ. 16-1035 (RDM), United States District Court for the District of Columbia, November 4, 2016 In a widely anticipated ruling, the National Association for Fixed...more

New York’s Highest Court Rules that Yoga Instructors are Independent Contractors: But Can Other Employers Hold that Pose?

The New York State Court of Appeals and New York City recently provided additional guidance for – and imposed additional requirements on – New York employers that use independent contractors. In In re Yoga Vida NYC, Inc....more

Oregon State Court of Appeals Recognizes Federal Slayer Law

Oregon, like many states, has on its books a “slayer statute,” which generally prohibits a slayer or abuser of a decedent from obtaining benefits by virtue of the death of the decedent. The parents of Julianne Herinckx...more

California Appellate Court Takes Equitable Subrogation to the Excess

by Carlton Fields on

In California, where a primary insurer is found to have unreasonably failed to settle within its policy limits, and a judgment is later entered against their insured in excess of those limits, the primary carrier can be...more

New York’s Highest Court: No “Stretch” in Yogi’s Independent Contractor Classification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals recently rejected the narrow view of the Unemployment Insurance Appeal Board and found that substantial evidence did not support a finding that certain yoga instructors were...more

Washington Supreme Court: Corporate Attorney’s Communications with Former Employees Not Privileged

by Cozen O'Connor on

The Supreme Court of Washington recently held that the attorney-client privilege does not protect a corporation’s attorney’s communications with former employees of the corporation, even if the communications concern events...more

A Question of Timing – Social Security Disability Determinations and the Administrative Record

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Court excludes evidence of Social Security disability award issued after the final decision issued on plaintiff’s claim for plan disability benefits. The decision accentuates the importance of fighting to...more

Dealing with Long-Winded Out-of-Network Provider Nuisance Letters

by Snell & Wilmer on

Over the past couple years, more and more of my clients with self-funded plans have received letters from out-of-network providers appealing denied claims. The letters are usually 20 to 30 pages long, not very specific, and...more

CT Supreme Court Permits a Workers' Compensation Insurer to Sue Third Parties for Reimbursement

by Murtha Cullina on

In a decision to be officially released on September 27, 2016, the Connecticut Supreme Court holds that a workers’ compensation insurer can maintain an equitable subrogation claim against third-party tortfeasors to recover...more

Louisiana Supreme Court Adopts Pro Rata Allocation of Defense Costs Among Insurers and Insured

by Mintz Levin on

On September 7, 2016, the Louisiana Supreme Court applied, for the first time, a pro rata allocation method to defense costs where commercial general liability policies provided coverage during a portion of the time of...more

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