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What's New in ERISA Litigation?

March 30, 2021

The U.S. Fifth Circuit Holds that a Single Construction Project Bonus Does Not Constitute an ERISA “Plan”

Written by Steve Herman
December 11, 2020

U.S. Supreme Court Takes a Step Back on ERISA Preemption, Allowing States to Regulate PBMs

Written by Steve Herman
October 29, 2020

U.S. Fifth Circuit Denies Participant’s Request for Attorneys’ Fees as Premature

Written by Steve Herman
July 27, 2020

U.S. Fifth Circuit Reverses Certification of ERISA Breach of Fiduciary Duty Claims

Written by Steve Herman
April 21, 2020

U.S. Fifth Circuit Upholds Insurer’s Discretion to Rely on Favorable Caselaw re Prompt Pay Discounts by Hospital on Copayments

Written by Steve Herman
April 7, 2020

U.S. Supreme Court Holds that “Actual Knowledge” is Subjective, and Not Triggered Constructively by the Mere Receipt of Documents

Written by Steve Herman
January 9, 2020

U.S. District Court in Florida Enforces Equitable Lien Over Settlement Proceeds Held in Attorney Trust Account

Written by Steve Herman
May 1, 2019

In Suit for Disability Benefits, the U.S. Fifth Circuit Reverses Dismissal and Remands on 510 Claims, 502(c) Claims, and to Consider Conflict of Interests re Benefits Claim

Written by Steve Herman
April 12, 2019

Distinguishing from Ariana M, U.S. Fifth Circuit Affirms Insurance Company’s Denial of Surgery Under Very Low, Deferential Standard

Written by Steve Herman
March 25, 2019

U.S. Fifth Circuit Reverses Dismissal of Action by Former Employee Who Did Not Receive COBRA Notice of Plan Termination

Written by Steve Herman