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Denial of Benefits Arbitration

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - November 2021

Saul Ewing LLP on

This month’s Friday Five highlights equitable claims under ERISA, the applicability of an arbitration provision that fails to allow for plan-wide remedies, and the ongoing discretion in interpretation and application of...more

Spilman Thomas & Battle, PLLC

Careful, Careful: Arbitration of Benefit Claims Under Collective Bargaining Agreements

In Cup v. Ampco Pittsburgh Co., 2018 WL 4101049 (3rd Cir. Aug. 29, 2018), the Third Circuit addressed a case concerning the arbitrability of benefit claims by retirees in the context of collective bargaining agreements...more

Carlton Fields

Court Vacates Arbitration Award For Arbitrator’s Evident Partiality

Carlton Fields on

A New York Court vacated an arbitration award, finding that a party appointed arbitrator’s undisclosed relationships with the appointing party amounted to a relatively infrequent instance in which such nondisclosure...more

Proskauer - Employee Benefits & Executive...

District Court Permits ERISA Claim for Benefits of IRO Review, Holding Such Review Is Not an Arbitration

In Yox v. Providence Health Plan, No. 12–cv–01348, 2013 WL 865968 (D. Or. Mar. 8, 2013), a federal district court held that the review of benefit denials by an independent review organization (IRO) is not akin to an...more

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