Lane Powell PC - ERISA Law Blog

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

  • (206) 223-7000
  • (206) 223-7107

ERISA (11th Cir.): Claim Barred by Statute of Limitations Even When Administrator Cannot Produce Denial Letter

What happens when a claim denial letter was issued, but the claimant denies ever receiving it, and the administrator can’t produce it? How does that affect the statute of limitations?…more
| Civil Procedure, Labor & Employment Law

Watch For A New Wave Of ERISA Stock Drop Cases

Plan fiduciaries may create a fiduciary duty in stock drop cases by incorporating filings with the Securities and Exchange Commission into the Summary Plan Description. We have been waiting for the Ninth Circuit to rule…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

ERISA (6th Circuit): Venue Selection Clauses Enforceable Despite Secretary of Labor Opposition

Many ERISA plans have venue provisions. The Secretary of Labor has argued in litigation, however, that these provisions are “incompatible with ERISA.”…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

ERISA: 11th Circuit Says “Show Me The Money” In Equitable Recovery Of Medical Expenses Even After Disbursement Or Commingling Of Funds

Can the Plan get reimbursed even when the beneficiary’s settlement funds have been disbursed or commingled? Yes in the 11th Circuit. But watch out in the 9th Circuit…more
| Labor & Employment Law, Finance & Banking, Insurance

ERISA: 2nd Circuit — Tough to Appeal District Court’s ERISA Remand Order

What happens when the district court orders a remand to the ERISA plan administrator? Can you appeal it? It depends on the circuit. FACTS: Mead sought ERISA-governed long term disability benefits, which were…more
| Civil Procedure, Labor & Employment Law, Finance & Banking

ERISA: Plaintiff’s Attorney Fees Denied — Filing Of Lawsuit Was Not Reason Why Benefits Were Granted

You already know that in ERISA cases a court may, in its discretion, award attorney fees if a party achieved “some degree of success on the merits.”…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Insurance

ERISA ATTORNEY FEES – 1st Circuit: Court Remand to Claims Administrator “because the record is insufficient for de novo review” is “sufficient success on the merits” to Award Attorney Fees?

You have seen this issue before: The court remands the ERISA-governed long term disability claim for further consideration by the claims administrator because the administrative record was insufficient for de novo review…more
| Administrative Law, Civil Procedure, Civil Remedies, Labor & Employment Law

ERISA: 6th Circuit — Benefit Denial Letters: Include The Time Limit For Judicial Review Or Lose Contractual Limitations Defense

Does your ERISA claim benefit denial letter preserve the contractual limitations defense? If your denial letter fails to expressly state the contractual limitations timeframe, it might not preserve that defense…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

ERISA (8th Circuit): Over-The-Counter Vitamin Supplements Trigger Pre-Existing Condition Exclusion

What sort of “medical treatment” triggers the pre-existing condition exclusion in an ERISA-governed disability policy?…more
| Civil Procedure, Labor & Employment Law, Health, Insurance

More Disabled Employees But Fewer Employees Covered With Long Term Disability Coverage

Here is a recent news item showing the scope of the employee disability problem. In a nutshell..…more
| Labor & Employment Law

ERISA (1st Cir.): Lack of Cooperation During Functional Capacity Evaluation Bars Disability Claim

But what happens when the claimant refuses to perform tasks requested, or does not try hard enough during the FCE?…more
| Civil Procedure, Labor & Employment Law

ERISA: “Derivative Standing” Allows Medical Provider To Obtain Reimbursement From ERISA Plan

Medical providers often have a patient/ERISA plan participant assign rights under an ERISA health care plan to allow the medical provider to seek payment for medical services provided…more
| Commercial Law & Contracts, Constitutional Law, Labor & Employment Law, Health, Insurance

ERISA: Self-Funded Benefit Plans May Not Have To Cover Same-Sex Spouses?

You already know that the Defense of Marriage Act (DOMA), which prohibited recognition of same-sex marriages, was declared unconstitutional. United States v. Windsor, 133 S.Ct. 2675 (2013)…more
| Civil Procedure, Constitutional Law, Labor & Employment Law, Family Law, Health

ERISA 8th Circuit: Deciding Who Is The Beneficiary — The Abuse Of Discretion Standard Trumps The Substantial Compliance Doctrine

Sometimes determining the correct beneficiary for ERISA-governed life insurance benefits can present real challenges. Can the deceased’s will prove the deceased’s intent designating the correct beneficiary? It depends…more
| Civil Procedure, Labor & Employment Law, Insurance, Wills, Trusts, & Estate Planning

ERISA – 9th Circuit: Are There Advantages To De Novo Review Versus Arbitrary And Capricious Review?

You already know that plans that contain “discretionary language” should enjoy a more deferential review by the trial court. But when the plan administrator decides and funds the benefit decision, courts view this as a…more
| Civil Procedure, Labor & Employment Law
Showing 1-15 of 74 Results
|
View per page
Page: of 5
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.