A recent decision by the U.S. Court of Appeals for the Ninth Circuit (Wit et al. v. United Behavioral Health and Alexander et al. v. United Behavioral Health) exemplifies the challenge in balancing a desire to cover evolving...more
Editor's Overview -
This month, we review the Second Circuit's ruling in New York State Psychiatric Ass'n, Inc. v. UnitedHealth Grp. wherein the Second Circuit ruled that: (i) a provider association has associational...more
10/28/2015
/ Benefit Plan Sponsors ,
Breach of Contract ,
Breach of Duty ,
Class Action ,
Collective Bargaining Agreements (CBA) ,
Declaratory Relief ,
Department of Labor (DOL) ,
Disability Benefits ,
Disparate Treatment ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Relief ,
Fiduciary Duty ,
First Impression ,
Health Insurance ,
Health Plan Sponsors ,
Injunctive Relief ,
Mental Health ,
Mental Health Parity Rule ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Multiemployer Plan ,
Personal Jurisdiction ,
Plan Administrators ,
Preemption ,
Remand ,
Reversal ,
Standing ,
State Law Claims ,
Subject Matter Jurisdiction ,
Successorship Doctrine ,
Termination ,
Third-Party ,
Twombly/Iqbal Pleading Standard ,
Withdrawal Liability
Editor's Overview -
It has been a little more than one year since the U.S. Supreme Court altered the legal landscape for litigating ERISA breach of fiduciary duty claims relating to the investment in employer stock...more
9/29/2015
/ Administrative Appeals ,
Affordable Care Act ,
Breach of Duty ,
Burwell v Hobby Lobby ,
Cadillac Tax ,
Claim Denial Letters ,
Comment Period ,
Contraceptive Coverage Mandate ,
Cost-Sharing ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Excise Tax ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Final Rules ,
Flexible Spending Accounts ,
Health Insurance ,
Health Savings Accounts ,
Healthcare Costs ,
Income Taxes ,
IRS ,
Multiemployer Plan ,
New Guidance ,
Plan Administrators ,
Pro Rata Allocation Rule ,
Public Information ,
Religious Accommodation ,
Safe Harbors ,
SCOTUS ,
SHOP Program ,
Stock Drop Litigation ,
Subrogation ,
U.S. Treasury ,
Valuation
Editor's Overview -
As the summer draws to a close, this month's Newsletter previews three cases that the U.S. Supreme Court already has agreed to hear that ought to be of particular interest to ERISA plan sponsors and...more
8/28/2015
/ 401k ,
Actual Injuries ,
Affordable Care Act ,
Article III ,
Benefit Plan Sponsors ,
COBRA ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Delta Airlines ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Duty to Disclose ,
Employee Retirement Income Security Act (ERISA) ,
Equitable Relief ,
Fair Credit Reporting Act (FCRA) ,
Fiduciary Duty ,
FIfth Third Bancorp v Dudenhoeffer ,
Final Rules ,
HDHP ,
Health Insurance ,
Health Plan Sponsors ,
HSA ,
IRS ,
Medicaid ,
Medicare ,
Montanile v Board of Trustees ,
Non-Grandfathered Health Plans ,
PBGC ,
Penalties ,
Preemption ,
Reimbursements ,
Reporting Requirements ,
SCOTUS ,
Section 510 ,
Spokeo v Robins ,
Standing ,
Stock Drop Litigation ,
Subrogation ,
Summary of Benefits and Coverage ,
Tax Credits ,
Trade Adjustment Assistance ,
Trade Preferences Extension Act (TPEA) ,
U.S. Treasury
Editor's Overview -
This month's newsletter discusses how to avoid liability under ERISA through plan design, including statute of limitations provisions, venue provisions, and anti-assignment provisions. Courts have...more
The Supreme Court cast a ray of sunlight for employers by rejecting the use of a problematic inference in adjudicating claims for retiree benefits brought pursuant to collective bargaining agreements. For many years, the...more
In a decision watched closely by both employers and unions, a unanimous Supreme Court has resolved a thirty-plus year split among the circuit courts on the standards governing claims for retiree health-care benefits arising...more