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December 2012
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November 8, 2012
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While the Supreme Court considers McCutchen this term, practitioners should keep abreast of the mercurial landscape surrounding this section of ERISA and, if called upon to address it, carefully consider the factual and analytical nuances differentiating various cases.
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August 21, 2012
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May 11, 2012
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Employee sues after LTD benefits were terminated after four years based on employer's conclusion that the medical evidence no longer showed employee suffered from a debilitating illness.
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May 11, 2012
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Fatal crash has to be ruled "unanticipated and unexpected" as defined by ERISA, in order to receive life and accidental death benefits funded by insurance policies.
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May 11, 2012
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Employee sues under ERISA, after employer terminated long term disability benefits due to plan’s contractual limitations period.
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May 11, 2012
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Defrauded party attempts to recover life insurance premiums paid with stolen money after benefits have been claimed.
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May 11, 2012
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Smith was covered by an ERISA-governed accidental death insurance policy provided by his employer. Smith died in a one-car collision, and a toxicology report showed that his blood ethyl alcohol content was 0.206 grams per 100 ml at the time of death.
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May 11, 2012
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Slagle was insured by an ERISA-governed accidental death and dismemberment policy.
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May 11, 2012
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After working 31 years as a registered nurse at a hospital, Cole submitted a claim for long-term disability benefits under her employer’s welfare benefit plan, which was fully insured by Aetna. She received benefits for disability from her own occupation, but Aetna then determined that Cole was not disabled under the "any occupation" test.
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May 11, 2012
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PHL Variable Life Insurance Company sued Jolly and the Faye Keith Jolly Trust for negligent misrepresentation of Jolly’s assets in the application for a $10 million life insurance policy.
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May 11, 2012
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Employee seeks to obtain benefits for disability that develops after final claim decision.
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May 11, 2012
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Venning suffered a head injury that caused chronic headaches, speech impairment, mental disorientation, and deficiencies in concentration. He received short-term disability benefits under an employee welfare benefit plan administered by MetLife. Long-term disability benefits had been paid for one year before MetLife denied his claim.
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May 9, 2012
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In this challenging economic climate, subrogation and reimbursement claims by employers with self-funded health plans are gaining heightened attention.
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May 2012
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February 6, 2012
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AXA Equitable approved Dr. Laun’s claim for total disability following surgery, but after his further injury sustained in a fall, denied his request for reclassification to accident total disability.
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February 6, 2012
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Despite misrepresentations in renewal applications, incontestable clause runs from original policy date.
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February 6, 2012
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A participant in an ERISA plan that provided life and accidental death insurance benefits to employees and their dependents appeals a policy plan's exclusion.
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February 6, 2012
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No Conflict Analysis Is Necessary When ERISA Benefits Decision Is De Novo Correct.
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February 6, 2012
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Former employees sued for breach of fiduciary duty and securities fraud despite previously signing a general release of all claims against their employer.
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February 6, 2012
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The Fourth Circuit has joined other circuit courts in imposing a causation requirement in ERISA breach of fiduciary duty cases based on the failure of a pension plan’s trustees to investigate and to diversify the plan’s investment options.
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February 6, 2012
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Saylors sought to recover long-term disability benefits under the Avery Dennison Long-Term Disability Plan and brought claims against the plan, Avery Dennison Corporation, and Hartford.
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February 6, 2012
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After her claim for ERISA long-term disability benefits was denied, Castro sued Hartford, seeking benefits and an administrative penalty for the failure to provide certain requested documents, including copies of Hartford’s internal claims guidelines, training manuals, and other procedures.
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February 6, 2012
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Why a second injury during the period of complete disability does not result in two successive benefit periods.
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February 6, 2012
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In 2004, after Scott had surgery to address the medical issue that formed the original basis of her claim, Eaton terminated the payment of disability benefits for "insufficient documentation of a functional impairment that would preclude her from the job duties of any occupation."
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February 6, 2012
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When a corporation makes its own stock available as an investment option in a retirement plan and the stock declines in value, the plan’s fiduciaries sometimes face claims that they violated their duty to act prudently in the management of the plan.
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February 2012
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October 17, 2011
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Bush was provided life insurance and accidental death insurance of $400,000 under ERISA-governed group insurance policies issued to his employer by Minnesota Life. He did not designate a beneficiary.
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October 17, 2011
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Globe Life brought an interpleader action to resolve competing claims by the insured’s daughters to death benefits payable under a policy of life insurance.
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October 17, 2011
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The Secretary of Labor is authorized by ERISA, 29 U.S.C. § 1134(a), to conduct an investigation to determine whether a violation of Title I of ERISA, or of regulations or orders issued thereunder, has occurred or is about to occur.
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October 17, 2011
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After her disability claim was denied, Mullin sued her employer, AT&T, to have statutory penalties imposed for its failure to timely produce a copy of the summary plan description upon request.
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October 17, 2011
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The Eleventh Circuit considered Del Rosario a little over a month after the Amara case was decided.
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October 2011
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April 22, 2011
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CIGNA v. Amara: Supreme Court Considers Effect of Inconsistencies Between ERISA Plan Terms and SPDs
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April 20, 2011
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Long Term Disability Claim Remanded for Consideration of Plaintiff’s Social Security Disability Award
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April 20, 2011
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State Law Claims, Fiduciary Breach Claim, and Jury Demand Dismissed
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April 19, 2011
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The decedent failed to notify Nationwide to change his address of record, so all billing statements continued to be mailed to his former employer.
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April 19, 2011
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Worsley's pain medications caused him to fall asleep at his desk but his employer would not accommodate this issue, leading to a claim for LTD benefits under his employer’s ERISA plan.
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April 19, 2011
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Miller’s husband was a participant in an ERISA-governed accidental death and dismemberment plan sponsored by his employer.
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April 19, 2011
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AirTran sued Elem and her personal injury attorney under section 502(a)(3) of ERISA.
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April 19, 2011
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Crosby applied to MetLife for life insurance in 2005 and failed to disclose a diagnosis of mitral valve prolapse and treatment for related symptoms
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April 19, 2011
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Fourth Circuit Reaffirms “Intermediate Rule” For Removal of Cases with Multiple Defendants
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April 19, 2011
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At the time of her death, Boyd participated in an ERISA-governed life insurance plan and had her former husband listed as her primary beneficiary.
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May 2011
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December 2010
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Summer 2010
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Winter 2010
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Fall 2009
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June 8, 2009
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Winter 2009
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