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Employee Retirement Income Security Act (ERISA) › En Banc Review

Cozen O'Connor

AGs Seek En Banc Review of Ninth Circuit Decision on ERISA Plan Insurers’ Obligations

Cozen O'Connor on

A group of 16 Democratic AGs filed an amicus brief supporting plaintiffs-appellees’ petition for rehearing en banc in Wit v. United Behavioral Health—a case before the U.S. Court of Appeals for the Ninth Circuit in which...more

Littler

Nevada Supreme Court Weighs in Again on the Nevada Constitution’s Minimum Wage Amendment

Littler on

On March 16, 2017, the Nevada Supreme Court issued yet another 6-0 en banc decision regarding the Nevada Constitution’s oft-litigated Minimum Wage Amendment, Nev. Cost. art. XV § 16 (“MWA” or the “Amendment”). The issues...more

Carlton Fields

Sixth Circuit Holds No Disgorgement of Profits Based on Wrongfully Denied ERISA Disability Benefits

Carlton Fields on

The Sixth Circuit Court of Appeals, sitting en banc, recently decided a closely-watched case regarding the scope of "other appropriate equitable relief" under ERISA Section 502(a)(3). In Rochow v. LINA, the court held that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in...more

Carlton Fields

Sixth Circuit Revisits Controversial ERISA Decision

Carlton Fields on

The Sixth Circuit Court of Appeals voted to rehear an ERISA action that awarded an unprecedented remedy for the alleged denial of long term disability benefits. The order, granting en banc rehearing, vacates a controversial...more

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