February 19, 2026
U.S. Fifth Circuit Holds, in ERISA Suit Seeking Remedies for Plan as a Whole, that Arbitration Provision Disallowing Representative Claims Violates the Effective Vindication Doctrine
Written by Steve Herman
January 7, 2026
U.S. Fifth Circuit Holds that Plan Sponsor May Sue Third-Party Administrator of Welfare Benefit Plan Under ERISA for Mismanagement of Plan and Breach of Master Services Agreement, Reconfirming Distinction Between Actions Against Fiduciaries and Non-Fiduciaries
Written by Steve Herman
January 7, 2026
U.S. Fifth Circuit Denies Attorneys’ Fees to ERISA Participant Who Was Precluded from Recovering the Review and Benefits to which He Was Entitled by Failing to Timely Appeal
Written by Steve Herman
December 13, 2025
New Jersey District Court Throws Out PBM-Related Breach of Fiduciary Duty Claims Against Plan Trustees for Lack of Article III Standing
Written by Steve Herman
December 13, 2025
U.S. Eleventh Circuit Reverses Insurer’s “Pre-Existing Condition” Denial of Disability Benefits
Written by Steve Herman
November 10, 2025
U.S. District Court in California Certifies Narrow Class (Due to Article III Standing Issues) for Damages under ERISA (and RICO) for Inflated Balance-Billing Practices
Written by Steve Herman
July 9, 2025
U.S. Fifth Circuit Finds that Life Insurer Waived Right to Cancel Policy By Continuing to Accept Premiums for Over Two Years
Written by Steve Herman
June 6, 2025
U.S. Ninth Circuit Requires Heightened Scrutiny for the Knowing and Voluntary Waiver or Release of ERISA Claims
Written by Steve Herman
April 17, 2025
U.S. Supreme Court Allows Allegations of Prohibited Transactions to Survive a Motion to Dismiss, Irrespective of the Exceptions that Might be Pleaded by the Defendant as Affirmative Defenses
Written by Steve Herman
September 27, 2024
U.S. Fifth Circuit Reverses District Court and Awards Benefits to ERISA Plan Participant for Hospitalization
Written by Steve Herman