News & Analysis as of

Administrative Appeals Administrative Remedies

Jackson Lewis P.C.

Administrative Exhaustion Is Required Even When Not Mentioned In Plan

Jackson Lewis P.C. on

The Eastern District of Missouri recently examined whether administrative exhaustion is a prerequisite to an ERISA suit alleging a wrongful denial of employee benefits, where the benefit plan’s language did not include an...more

Sheppard Mullin Richter & Hampton LLP

Court of Appeal Rejects Challenge to LA’s Business Improvement Districts on Procedural Ground

At the end of June, in Hill RHF Housing Partners, L.P. v. City of Los Angeles, the Court of Appeal upheld the trial court’s denial of a challenge to the City of Los Angeles’s June 2017 establishment of the Downtown Center...more

Proskauer - Employee Benefits & Executive...

ERISA Administrative Appeal Barred As Untimely

The First Circuit held that a plaintiff failed to timely exhaust her administrative remedies under a long-term disability plan because the plan’s 180-day time limit for submitting appeals commenced on the date the plaintiff...more

Schwabe, Williamson & Wyatt PC

Watch Out for WA LUPA Legislation

LUPA was enacted to provide a uniform, expedited appeal procedure to provide a consistent, predictable, and timely judicial review. To this end, Washington case law has established that LUPA procedural requirements are...more

Bass, Berry & Sims PLC

Judicial Opinions Support Delay of Recoupment from Audit Appeals Until After ALJ Hearings in Certain Circumstances

Bass, Berry & Sims PLC on

Recent opinions by the Fifth Circuit, the Northern and Southern Districts of Texas, and the District of South Carolina offer hope to providers seeking relief from substantial monetary recoupments during the Medicare appeals...more

K&L Gates LLP

K&L Gates Triage: Recent Developments in Provider v. Payer Litigation -- Medicare Advantage Disputes

K&L Gates LLP on

In this episode, Gary Qualls discusses a recent development in payer litigation, regarding a provider’s recovery of Medicare Advantage payments pursuant to a Medicare Advantage contract. Specifically, a recent federal case...more

Miller Starr Regalia

Fourth District Rejects CEQA Challenge To MND For Small Rural High School Project Based On Challenger’s Failure To Exhaust...

Miller Starr Regalia on

In a lengthy opinion filed December 20, 2017, and belatedly ordered published on January 8, 2018, the Fourth District Court of Appeal, Division 1, affirmed the trial court’s judgment denying a writ petition asserting CEQA and...more

Littler

D.C. Circuit Rejects NLRB's Award of Attorneys' Fees and Expenses in Unfair Labor Practice Cases

Littler on

The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more

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