Lane Powell PC - ERISA Law Blog

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
| Civil Procedure, Insurance, Labor & Employment Law

ERISA: Fibromyalgia – “[D]iagnosis is not the automatic equivalent to a finding of disability.”

Fibromyalgia cases often are difficult to assess in determining eligibility for benefits. But the mere diagnosis of a condition (like fibromyalgia) is not enough to qualify for disability benefits under most policy…more
| Civil Procedure, Health, Labor & Employment Law

Washington Supreme Court Restricts Claims Under the Insurance Fair Conduct Act

In a significant victory for insurers, the Washington Supreme Court interpreted the Insurance Fair Conduct Act (IFCA), RCW 48.30.015, for the first time and held that IFCA does not authorize an independent cause of action for…more
| Civil Procedure, Insurance

ERISA (7th Circuit): Four Ways To Inoculate Claims Denials From Allegations That a ‘Conflict of Interest’ Affected Your Decision

In the back and forth of the disability claims process, decisions on whether someone is disabled can change. Claims administrators are “entitled to seek and consider new information and, in appropriate cases, to change its…more
| Civil Procedure, Labor & Employment Law

ERISA: Happy New Year? 10 Things You Need to Know About the Newly Published Regulations Affecting Future ERISA Claims/Appeals

The Department of Labor’s Employee Benefits Security Administration just published final regulations that change the ERISA disability claims and appeals process. Here are 10 things you should know about these new…more
| Labor & Employment Law

ERISA (D.C. Cir.): Do You Know the Difference Between a “Payroll Practice,” and Short Term Disability Benefits Governed by ERISA?

What happens when an employer provides a disabled employee continued regular wages, paid out of general employer assets? This is known as a “payroll practice”… and ERISA may not apply. A new case that highlights the point…more
| Labor & Employment Law

ERISA (9th Circuit): How Long Can a Sedentary Person Sit? You Better Check the Dictionary of Occupational Titles

So how do you define “sedentary work”? Can you define it by using a Functional Capacity Assessment? Can you disregard the Dictionary of Occupational Titles (DOT) in your assessment? Probably not. Here’s the case of…more
| Civil Procedure, Labor & Employment Law

ERISA: Failure to Present “Objective Findings of Impairment” Supports Denial of Mental Disability Claim

You know that courts can expect a claimant to establish “objective evidence of impairment” from a physical condition. But does this apply to claims arising out of a mental condition?…more
| Health, Insurance

ERISA: Are Social Security Administration Disability Decisions, Made After the Final Claim Decision, Part of the Administrative Record?

Are Social Security Administration disability determinations, issued after the final appeal decision, part of the ERISA administrative record? NO. Plaintiffs often seek reversal of a denial of ERISA-governed disability…more
| Administrative Law, Labor & Employment Law

ERISA: How Do You Spell (Equitable) Relief?

In an ERISA case, what does it take to assert a claim for equitable relief? If the complaint does not assert an alleged breach of fiduciary duty, the claim for equitable relief should be dismissed… Here’s the case of Owens…more
| Civil Procedure, Labor & Employment Law

ERISA: Court Establishes New Incentive to Bring Early Motions to Dismiss “Breach of Fiduciary Duty” Claims

You know that in ERISA cases most courts typically will limit review to the administrative record, absent special circumstances. Courts may also allow limited discovery when assessing whether a “conflict of interest” affected…more
| Civil Procedure, Labor & Employment Law

ERISA Preempts State Law Requiring Insurer “Prompt Payment”

Alaska’s prompt pay statute—which requires insurers to pay benefit claims within 30 days of submission—is preempted by federal laws governing employer-provided benefits and benefits for government workers, a federal judge ruled…more
| Civil Procedure, Conflict of Laws, Health, Insurance, Labor & Employment Law

ERISA: “Key Evidence Needed to Prove the Intoxication Exclusion”

You know that many insurance policies and ERISA-governed plans exclude from coverage disabilities “resulting from, or related to…any accident related to the voluntary influence of any drug, narcotic, intoxicant or chemical….”…more
| Civil Procedure, Insurance, Labor & Employment Law

DOL Increases Penalties on ERISA Plans – August 2, 2016

The Department of Labor (“DOL”) just increased civil monetary penalty amounts that may be assessed for violations of Title I of the Employee Retirement Income Security Act of 1974 (ERISA)…more
| Labor & Employment Law, Securities Law

ERISA — 7th Circuit: Under De Novo Review, the Court “Should NOT Resolve[] Doubts or Gaps in the Evidence in [the Claimant’s] Favor”

You know that claimants have the burden to establish eligibility for ERISA-governed disability benefits. Sometimes gaps in coverage can occur when, for example, a claimant alleges disability while using accrued vacation…more
| Civil Procedure, Insurance, Labor & Employment Law
Showing 1-15 of 129 Results
|
View per page
Page: of 9
Contact

1420 Fifth Avenue, Ste. 4200
P.O. Box 91302
Seattle, WA 98111-1302, United States

  • (206) 223-7000
  • (206) 223-7107

Areas of Practice
  • Administrative Law
  • Commercial Law & Contracts
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Taxation
Locations
Other U.S. Locations
  • Alaska
  • Oregon
  • Washington
Other Countries
  • United Kingdom
Number of Attorneys

100+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×