Lane Powell PC - ERISA Law Blog

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Firm Profile: Lane Powell PC
1420 Fifth Avenue, Ste. 4200
P.O. Box 91302
Seattle, WA 98111-1302, United States
Phone: (206) 223-7000
Fax: (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

ERISA (7th Circuit): Are ERISA Plan Forum Selection Clauses Enforceable?

You already know that ERISA gives plan beneficiaries a choice on where to bring suit seeking ERISA benefits. Section 1132(e)(2) allows plan beneficiaries to bring suit “in the district where the plan is administered, where the…more
 /  Labor & Employment Law

Wage/Hour — Washington Supreme Court — Two Recent Tips Regarding Meal Break Liability

What happens in Washington when your employee fails to take a meal break? Is the employer “strictly liable” for a statutory wage/hour violation? NO…more
 /  Labor & Employment Law

ERISA: Winning Early Motions to Dismiss Breach of Fiduciary Claims — the Ministerial Defense

Plaintiffs in ERISA employee benefit cases are frequently asserting breach of fiduciary duty claims, and then seeking broader discovery. So, consider early motions to dismiss the breach of fiduciary duty claims…more
 /  Civil Procedure, Labor & Employment Law

ERISA: Whether the Ability to Work Only Part-Time Disqualifies Claimant from “Any Occupation” Benefits?

You know that in typical ERISA disability benefit claims, the claim administrator first determines whether claimant’s disability prevents the claimant from performing claimant’s current, “own occupation.”…more
 /  Labor & Employment Law

ERISA 2nd Cir.: Four Things to Know When Trying to Offset Personal Injury Lump Sum Settlements — It Can Be Off-Putting and Tricky

You already know that most ERISA plans allow the Plan to reduce or offset long term disability payments by amounts the disabled worker receives from workers compensation or Social Security…more
 /  Labor & Employment Law, Personal Injury

ERISA Plan Choice-of-Law Provisions: Dog Whisperer’s Disability Claim Reviewed Under Abuse of Discretion Standard of Review

An issue dogging claims administrators is: What effect do choice-of-law provisions have on the standard of review of ERISA benefit decisions?…more
 /  Civil Procedure, Labor & Employment Law

ERISA: New Questions for Church-Affiliated Organizations After The Supreme Court Expands ERISA Church-Plan Exemption

On June 5, 2017, the U.S. Supreme Court expanded the scope of ERISA’s church-plan exemption in the case of Advocate Health Care Network v. Stapleton, — S. Ct. –, 2017 WL 2407476 (2017). The unanimous decision adopted a broad…more
 /  Civil Procedure, Health, Labor & Employment Law

ERISA — Prayers Answered: Supreme Court Establishes Broader Application of Religious Exemption

This just in... On June 5, 2017, the U.S. Supreme Court broadened the application of the Employee Retirement Income Security Act’s religious exemption provision…more
 /  Health, Labor & Employment Law

ERISA: 4 Quick Responses to Claimant’s Typical Challenges to Disability Benefit Denials

How do you respond to typical arguments by those seeking ERISA-governed disability benefits that the claim administrator: -“cherry-picked the record”; -ignored the social security disability determination; -improperly…more
 /  Health, Insurance, Labor & Employment Law

ERISA Benefits and a Claimant’s Bankruptcy: When Judicial Estoppel Requires Dismissal of Lawsuits Seeking Long Term Disability Benefits

Don’t forget that... judicial estoppel can require dismissal of a claimant’s suit for ERISA-governed long term disability (LTD) benefits if the claimant failed to list the “potential cause of action” in bankruptcy filings…more
 /  Bankruptcy, Labor & Employment Law

ERISA: US Supreme Court Grapples with the Church Plan Exemption — Early Analysis

When does the “church plan exemption” apply? You already know that under the “church plan” exemption, Church plans do not have to comply with ERISA, including the requirements to fund a plan and pay Pension Benefit Guaranty…more
 /  Finance & Banking, Health, Labor & Employment Law

ERISA Attorney Fee Awards: What Are “Reasonable Hours” for a Plaintiff’s Attorney to Spend on a Summary Judgment Motion?

You already know that courts typically award attorney fees in ERISA cases when the Plaintiff/claimant achieves “some success on the merits.” But does a mere remand constitute “some success on the merits”? Probably yes…more
 /  Civil Procedure, Civil Remedies, Labor & Employment Law

ERISA (10th Circuit): Does the ERISA Plan Breach Fiduciary Duties by Informing the Employer of an Employee/Disability Claimant’s Substance Abuse Problem?

Can an ERISA plan administrator tell an employer about an employee’s substance abuse? Doesn’t that breach fiduciary duties to the employee/claimant? Probably not. Check the employer’s employment policies because an…more
 /  Civil Procedure, Labor & Employment Law

ERISA: Winning Tactic on Summary Judgment to Prove Claimant Received the Policy: Get Key Evidence into the Administrative Record

You know that to apply an exclusion in a policy, the claims administrator must show that the claimant received the policy. But what happens when the claimant submits a declaration disputing your proof that she received the…more
 /  Administrative Law, Civil Procedure, Health, Insurance

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
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