News & Analysis as of September 20, 2024

Employee Benefits

+ Follow

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

[Webinar] Chevron Deference Overruled by SCOTUS: Understanding the Potential Legal Implications - July 30th, 1:00 pm - 2:00 pm ET

FordHarrison on 7/16/2024

On June 28, 2024, in an anticipated but significant decision, the Supreme Court of the United States overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required courts to...more

The LHD/ERISA Advisor – June 2021

Hinshaw & Culbertson - The LHD/ERISA Advisor on 6/18/2021

Hinshaw's LHD/ERISA Advisor remains committed to bringing you recent legal developments that may guide your life, health, and disability litigation strategy and claims decisions....more

ERISA Plan Entitled to Seek Reimbursement from Plan Beneficiary Who Recovered Damages in Tort Action Related to Underlying...

Hinshaw & Culbertson - The LHD/ERISA Advisor on 5/26/2021

In Vercellino v. Optum Insight, 2020 U.S. Dist. LEXIS 205952 (D. Neb. Nov. 24, 2020), the Nebraska district court held that a self-funded ERISA plan could seek reimbursement for medical benefits paid from any recovery the...more

Second Circuit Addresses Limitations Periods Governing Fraudulent Billing Claims Against Non-Participating Labs

Robinson+Cole ERISA Claim Defense Blog on 3/8/2021

In Connecticut General Life Ins. Co. v. BioHealth Labs., Inc., No. 20-2312-CV, — F.3d –, 2021 WL 476111 (2d Cir. Feb. 10, 2021), Cigna, as administrator of employee health plans, sued six out-of-network lab companies for...more

Legal Support for Protesting Employees: ERISA Considerations

Morgan Lewis - ML Benefits on 8/27/2020

Amid the current climate of individuals engaging in protests for racial justice and other causes, some employers are looking for ways to help employees arrested in connection with exercising their first amendment rights to...more

Intel’s Intel Doesn’t Prove Actual Knowledge: Court Rejects Short ERISA Statute of Limitations

Carlton Fields on 4/17/2020

On February 26, the U.S. Supreme Court in Intel Corporation Investment Policy Committee v. Sulyma unanimously held that participants are not presumed to read retirement plan investment information....more

Best Practices in Administering Benefit Claims #9 – Managing Litigation Utilizing a Plan’s Litigation Tools

Proskauer - Employee Benefits & Executive... on 12/19/2019

As we shifted focus last week from a plan’s administrative claims procedures to defending against a claim for benefits in court, we explained how a well-documented administrative record can enhance the chances of getting a...more

ERISA Newsletter - Third Quarter 2019

Proskauer Rose LLP on 10/11/2019

In this edition of our Newsletter, we take a look at a pair of cases that, while unrelated, together remind us of the importance of having clear plan rules in place that reflect the plan sponsor’s intention. The first article...more

[Event] ERISA Litigation – Valuable insights on how to prevent, manage and defend against rising, costly ERISA disputes - November...

American Conference Institute (ACI) on 9/12/2019

Ensure that You are Equipped with the Latest Updates and Strategies to Prevent, Manage and Defend Against Rising, Costly ERISA Disputes - This annual event is your best opportunity to gain best practices for your everyday...more

The Friday Five: Five Current ERISA Litigation Highlights – July 2019

Saul Ewing LLP on 7/15/2019

This month's Friday Five covers recent cases addressing: (1) the impact on the standard of review of a failure to adhere to regulatory deadlines for claims decisions; (2) foreign nationals’ ability to avail themselves of...more

ERISA Plan Controversy: Rising Stakes for Those Unprepared

McDermott Will & Emery on 3/22/2019

WHAT’S THE EXPOSURE? • Settlements up to $140 million • Last year alone, settlements of $17 million, $22 million, $24 million, and among others • Plaintiffs’ lawyers generally get 1/3 of the settlement amounts • Plaintiffs’...more

ERISA Litigation: 5 Defenses to Know and Prepare For

Faegre Drinker Biddle & Reath LLP on 3/8/2018

A ubiquitous presence in the federal courts, the Employee Retirement Income Security Act of 1974 (ERISA) regulates the administration of employee pension and welfare plans — otherwise defined as plans that provide employees...more

Statute of Limitations and Third-Party Claims

McGuireWoods LLP on 12/5/2017

Plan administrators seeking a standard termination of a defined benefit pension plan must comply with very specific Employee Retirement Income Security Act (ERISA) rules and Pension Benefit Guaranty Corporation (PBGC)...more

Tibble and Class Action Plaintiffs Win Round Two versus Edison International and Its 401(k) Investment Committees

Stinson - Benefits Notes Blog on 8/22/2017

In past articles in this Blog I reported on decisions of the 9th Circuit Court of Appeals and ultimately the U.S. Supreme Court dealing with a class action for breach of fiduciary duty for selecting retail mutual funds in...more

The Supreme Court Indirectly Stiffens A Fiduciary Breach Time Limit And Helps ERISA Fiduciaries In The Process

Seyfarth Shaw LLP on 7/24/2017

Seyfarth Synopsis: The Supreme Court appears to have barred equitable tolling under ERISA Section 413’s six-year statute of repose for fiduciary breach claims, subject only to well-pled allegations and proof of fraud or...more

“Waive” Your Undeveloped Arguments Goodbye

Carlton Fields on 12/6/2016

The case of Mid-S. Iron Workers Welfare Plan v. Harmon, 645 F. App’x 661 (10th Cir. 2016), teaches a valuable, if oft-repeated reminder: undeveloped arguments in the lower court may not be considered on appeal. Harmon...more

The ERISA Litigation Newsletter - August 2016

Proskauer Rose LLP on 9/1/2016

Editor's Overview - This month’s newsletter features an article on the DOL’s recently published interim final rule that increases penalties for notice and disclosure violations, which generally became effective on...more

Disclaimer in Top-Hat Plan Could Save Millions for Employer

Miles & Stockbridge P.C. on 3/22/2016

Do you have a top-hat plan? That’s a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees...more

Not all Plans can Establish a Shortened Limitations Period for Filing Lawsuit

Stinson - Benefits Notes Blog on 10/5/2015

I recently blogged about a case in which a plan had established a shorter period of time (one year deadline) for filing a lawsuit, rather than relying on the state statute of limitation (six years) which would otherwise have...more

Don’t Play Hide the Ball with Your Claims Procedure

Stinson - Benefits Notes Blog on 9/22/2015

ERISA does not have a statute of limitations for lawsuits brought by participants to check claim benefits under the plan. Instead, courts borrow from similar state statutes of limitations. In a decision two years ago, the US...more

Employee Benefits Alert - August 2015

Franczek P.C. on 9/9/2015

Retirement Plans - IRS Issues Guidance on Benefit Suspension Voting under MPRA - As we have written in prior alerts, the Multiemployer Pension Reform Act of 2014 (MPRA) permits trustees of financially troubled...more

SCOTUS Reinforces ERISA Fiduciaries' Continuing Duty To Monitor Plan Investments

Baker Donelson on 6/17/2015

Recently, in Tibble v Edison International, 575 U.S.(2015), the United States Supreme Court addressed the application of the Employment Retirement Income Security Act (ERISA) statute of limitations for violations of fiduciary...more

Supreme Court: ERISA Fiduciaries Have Ongoing Duty to Monitor Investments - Selection of Plan Investment Alternative Is Not a...

Holland & Knight LLP on 5/27/2015

In Tibble v. Edison International, 13-550 (U.S. May 18, 2015), the U.S. Supreme Court ruled that the Employee Retirement Income Security Act of 1974 (ERISA) requires ERISA plan fiduciaries to monitor plan investments for...more

Reasonable Fee Issues for Fiduciaries on the Horizon

Jackson Walker on 10/15/2014

The Supreme Court is poised to address whether fiduciaries' decisions—especially in using fee sharing arrangements—are subject to deference when challenged. The Eighth and Ninth Circuit courts recently decided these issues,...more

Do Your Plans Include a Time Limit on a Participant’s Right to Sue?

Poyner Spruill LLP on 3/5/2014

Some, but far from all, employee benefit plans set a limit on the amount of time a participant has to file a lawsuit claiming benefits under the plan. Until recently, however, not all courts would recognize these plan...more

31 Results

View per page

Page: of 2

Statute of Limitations › Employee Retirement Income Security Act (ERISA) › Employee Benefits

"My best business intelligence, in one easy email…"