The Sixth Circuit has issued an important decision that condemns plan provisions that provide different benefits based on a patient’s need for continued dialysis, even if the provision applies to all dialysis patients and not...more
Medical providers treating patients covered by ERISA-governed health plans on an out-of-network basis can assert state-law claims to hold plans to their payment promises without running afoul of ERISA’s preemption provision...more
In January, the Supreme Court issued its highly anticipated opinion in Retirement Plans Committee of IBM v. Jander, No. 18-1165, a case that promised to clarify the pleading standard applicable to ERISA stock-drop cases. But...more
2/4/2020
/ Breach of Duty ,
Certiorari ,
Corporate Officers ,
Defined Benefit Plans ,
Dismissals ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employee Stock Purchase Plans ,
ESOP ,
Failure To Disclose ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Fraud ,
Insider Information ,
Plan Participants ,
Pleading Standards ,
Pleadings ,
Remand ,
Retirement Plan ,
Retirement Plans Committee of IBM v Jander ,
SCOTUS ,
Securities Violations ,
Stock Drop Litigation ,
Vacated