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
After a top-hat plan and pension plan denied a participant’s claims and appeals for additional benefits, the plan administrators preemptively filed a declaratory judgment action, seeking a declaration that: (i) termination of...more
Editor's Overview -
The first article in this month's newsletter focuses on whether specific language in ERISA employer-provided disability insurance plans confer discretionary authority to plan administrators to...more
Plan administrators charged with administering Employee Retirement Income Security Act-governed severance plans are often confronted with the question of whether they should conduct an independent investigation into the...more