| Date | Publication |
|---|
|
May 1, 2013
|
In the last year, government investigations have commenced and a frenzy of private antitrust lawsuits have been filed on behalf of various institutional investors.
|
|
Spring 2013
|
Smith Moore Leatherwood's quarterly transportation newsletter is targeted to trucking and logistic companies, trucking insurance companies, accident reconstructionists, transportation association members and other organizations impacted by legal developments within the industry.
|
|
March 15, 2013
|
As a result of recent scandals in the financial markets, municipalities and other local governmental entities may have suffered significant investment losses from the financial crisis, sometimes without even realizing it.
|
|
Winter 2013
|
Smith Moore Leatherwood's quarterly transportation newsletter is targeted to trucking and logistic companies, trucking insurance companies, accident reconstructionists, transportation association members and other organizations impacted by legal developments within the industry.
|
|
December 2012
|
|
|
December 6, 2012
|
Details matter to our appellate courts. At the fingertips of many seasoned appellate experts are several resources that can help you avoid common pitfalls of appellate advocacy.
|
|
November 20, 2012
|
With industry pundits focused on the fate of the Affordable Care Act in the U.S. Supreme Court, the Protecting Access to Healthcare (PATH) Act has been quietly working its way through Congress.
|
|
November 20, 2012
|
On Thursday, June 28, 2012, the Supreme Court of the United States issued its long-awaited ruling regarding the constitutionality of the Patient Protection and Affordable Care Act of 2010 (“PPACA”).
|
|
November 20, 2012
|
"E-discovery" is a process that involves gathering, reviewing and producing to opposing counsel electronic data pertaining to a dispute in litigation.
|
|
November 20, 2012
|
These days, one can hardly open a web browser, turn on the radio, or visit a mailbox without encountering some reminder that we are a nation of debtors.
|
|
November 19, 2012
|
You may suspect that only large, international companies have to comply with anti-bribery legislation.
|
|
November 8, 2012
|
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.
|
|
October 26, 2012
|
|
|
January 12, 2011
|
Awareness about the dangers of sexual harassment hasn't translated into a decline in charges with the EEOC.
|
|
Fall 2012
|
|
|
August 21, 2012
|
|
|
July 2012
|
healthcarelawnote.com
|
|
Summer 2012
|
|
|
May 11, 2012
|
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.
|
|
May 11, 2012
|
Slagle was insured by an ERISA-governed accidental death and dismemberment policy.
|
|
May 11, 2012
|
Defrauded party attempts to recover life insurance premiums paid with stolen money after benefits have been claimed.
|
|
May 11, 2012
|
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.
|
|
May 11, 2012
|
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.
|
|
May 11, 2012
|
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.
|
|
May 11, 2012
|
Employee sues under ERISA, after employer terminated long term disability benefits due to plan’s contractual limitations period.
|
|
May 11, 2012
|
Employee seeks to obtain benefits for disability that develops after final claim decision.
|
|
May 11, 2012
|
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.
|
|
May 11, 2012
|
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.
|
|
May 9, 2012
|
In this challenging economic climate, subrogation and reimbursement claims by employers with self-funded health plans are gaining heightened attention.
|
|
May 2012
|
|
|
Spring 2012
|
|
|
April 4,2012
|
The recently enacted Federal Courts Jurisdiction and Venue Clarification Act of 2011, P.L. 112-63 (December 7, 2011), significantly amends the federal jurisdictional statutes.
|
|
April 2, 2012
|
Ask Bob Wedge what he likes about practicing law, and his answer may surprise you.
|
|
February 6, 2012
|
No Conflict Analysis Is Necessary When ERISA Benefits Decision Is De Novo Correct.
|
|
February 6, 2012
|
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.
|
|
February 6, 2012
|
Despite misrepresentations in renewal applications, incontestable clause runs from original policy date.
|
|
February 6, 2012
|
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."
|
|
February 6, 2012
|
Former employees sued for breach of fiduciary duty and securities fraud despite previously signing a general release of all claims against their employer.
|
|
February 6, 2012
|
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.
|
|
February 6, 2012
|
Why a second injury during the period of complete disability does not result in two successive benefit periods.
|
|
February 6, 2012
|
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.
|
|
February 6, 2012
|
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.
|
|
February 6, 2012
|
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.
|
|
February 6, 2012
|
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.
|
|
February 2012
|
|
|
January 23, 2012
|
Marso v. UPS demonstrates the importance of documenting contract terms with shippers in order to benefit from the terms of your tariff.
|
|
January 23, 2012
|
According to a case recently issued by the 6th Circuit, Medicare’s right to recover conditional payments from settlement proceeds is not limited by the degree of legal liability of the tortfeasor making the settlement payment.
|
|
January 23, 2012
|
While it is true that tariffs are no longer filed, motor carriers still have the ability to draft and post tariffs, and doing so provides great benefits when freight claims arise.
|
|
December 2011
|
An informational newsletter covering educational legal matters
|
|
November 22, 2011
|
An economic downturn can be like the flu – catch it and you’ll be miserable. Symptoms of the economic flu can be severe.
|
|
November 22, 2011
|
This year, the EEOC mandated that employers embrace flexibility in one area where they have always been able to be strict: attendance policies.
|
|
November 21, 2011
|
Foreign Trade Zones can be beneficial for distribution companies and businesses which require more extensive warehousing.
|
|
November 21, 2011
|
The 11th Circuit opinion on the individual insurance mandate in the Affordable Care Act conflicts with a recent 6th Circuit decision and virtually guarantees a Supreme Court decision.
|
|
October 18, 2011
|
For many motor carriers, when a cargo claim is presented, the first document that is referenced is the motor carrier’s tariff. However, it is equally important for the motor carrier to keep in mind the big picture for the entire shipment from which the claim arose and to review all the shipping documents relevant to that shipment.
|
|
October 17, 2011
|
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.
|
|
October 17, 2011
|
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.
|
|
October 17, 2011
|
The Eleventh Circuit considered Del Rosario a little over a month after the Amara case was decided.
|
|
October 17, 2011
|
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.
|
|
October 17, 2011
|
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.
|
|
October 2011
|
|
|
July 6, 2011
|
A patent law update by Clara Cottrell: 3 fast facts.
|
|
July 5, 2011
|
How to design a telework program that effectively facilitates an employee’s ability to perform at the highest level, from outside the office, while minimizing the legal risks the employer may face.
|
|
July 1, 2011
|
A look at the most significant provisions of the bill that reforms the North Carolina Workers Compensation Act.
|
|
July 1, 2011
|
Companies should conduct IP counseling and planning to best protect or assert IP rights, understanding what’s at stake, how to best position themselves, and whether they’re on the defense or attack.
|
|
July 1, 2011
|
A new industry has developed to help companies get rid of old electronics that are banned from landfills.
|
|
July 1, 2011
|
The Foreign Trade Zone program was created to promote American competitiveness by encouraging companies to maintain and expand their operations in the United States.
|
|
July 1, 2011
|
In today’s tough economic times, employers are having to make more and more decisions about whether to discharge poorly performing employees.
|
|
July 1, 2011
|
Carriers must have in place a good contract with a shipper or broker to control its exposure for cargo loss.
|
|
July 1, 2011
|
On June 14, 2011, Governor Haley signed the Bill providing substantial limitations on punitive damages in South Carolina.
|
|
July 1, 2011
|
The U.S. Consumer Product Safety Commission (CPSC), launched the first-ever public database of consumer product safety complaints, but is it accurate?
|
|
July 1, 2011
|
The N.C. Court of Appeals recently ruled that inadvertent driver error caused by falling asleep behind the wheel, by itself, is insufficient to support an award of punitive damages.
|
|
June 30, 2011
|
Pennsylvania Suit Demonstrates Dilemma: doctors are certainly in a no-win situation when certifying DOT drivers.
|
|
June 30, 2011
|
Smith Moore Leatherwood's Chairman discusses how innovation fuels entrepreneurship.
|
|
April 22, 2011
|
CIGNA v. Amara: Supreme Court Considers Effect of Inconsistencies Between ERISA Plan Terms and SPDs
|
|
April 20, 2011
|
Long Term Disability Claim Remanded for Consideration of Plaintiff’s Social Security Disability Award
|
|
April 20, 2011
|
State Law Claims, Fiduciary Breach Claim, and Jury Demand Dismissed
|
|
April 19, 2011
|
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.
|
|
April 19, 2011
|
Crosby applied to MetLife for life insurance in 2005 and failed to disclose a diagnosis of mitral valve prolapse and treatment for related symptoms
|
|
April 19, 2011
|
Fourth Circuit Reaffirms “Intermediate Rule” For Removal of Cases with Multiple Defendants
|
|
April 19, 2011
|
Miller’s husband was a participant in an ERISA-governed accidental death and dismemberment plan sponsored by his employer.
|
|
April 19, 2011
|
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.
|
|
April 19, 2011
|
The decedent failed to notify Nationwide to change his address of record, so all billing statements continued to be mailed to his former employer.
|
|
April 19, 2011
|
AirTran sued Elem and her personal injury attorney under section 502(a)(3) of ERISA.
|
|
May 2011
|
|
|
April 14, 2011
|
Recognizing and avoiding undue influence when family or other trusted caregivers can pose a potential threat.
|
|
March 2011
|
Insurance and Reinsurance Committee Newsletter
|
|
March 14, 2011
|
The top ten human resource mistakes that can lead to employment litigation.
|
|
March 14, 2011
|
The Food Safety Modernization Act (FSMA) was signed into law in January 2011. This legislation grants new powers to the Food and Drug Administration (FDA).
|
|
March 12, 2011
|
Three experienced attorneys discuss the impact of the Baby Boomer generation on employers, real estate, and law practice.
|
|
March 11, 2011
|
Instant Runoff Voting systems resolve races without need for an additional, and costly, day of voting if none of the candidates secured a majority.
|
|
March 10, 2011
|
The perceived benefits of arbitration may come at the expense of your full rights.
|
|
March 8, 2011
|
With more older workers, age discrimination in the workplace requires new awareness.
|
|
March 8, 2011
|
Boomers and Beyond - From the Chairman, Rob Marcus
|
|
February 18, 2011
|
DRI's The Business Suit, Volume 14 Issue 1
|
|
January 17, 2011
|
Molly, Dave and Patti discuss three unique takes on three aspects of new tech and the law.
|
|
January 14, 2011
|
If your employees are using cell phones while driving, a Distracted Driving Policy may afford some protection against liability in the event of a lawsuit.
|
|
January 12, 2011
|
Sexual Harassment Claims Persist: Awareness about the dangers of sexual harassment hasn't translated into a decline in charges with the EEOC.
|
|
January 11, 2011
|
When to Talk to Your Employment Lawyer Instead of Your HR Consultant
|
|
December 2010
|
|
|
December 19, 2010
|
A new NC truck idling law involves new restrictions on heavy vehicles. The NC Division of Air Quality is offering rebates to some drivers who install APUs.
|
|
December 19, 2010
|
Intrastate Trucking - Effective October 1, 2011, South Carolina will become the 38th state to require an Intrastate DOT number for intrastate motor carriers.
|
|
December 18, 2010
|
The proposed law would ban commercial drivers from using a hand-held cell phone in any manner while operating a commercial motor vehicle.
|
|
December 14, 2010
|
To reduce the risks associated with online social networking, employers should adopt social networking policies that addresses employee usage of such websites.
|
|
December 1, 2010
|
A database-driven software solution makes compliance with Medicare Section 111 simple.
|
|
November 27, 2010
|
New technology and the law.
|
|
Summer 2010
|
|
|
January 16, 2010
|
Cameras in hospitals can lead to online posting of photos of patients receiving treatment, which can constitute an invasion of patient privacy.
|
|
June 8, 2009
|
|
|
Winter 2009
|
|