January 13, 2007
Fifth Circuit Attempts to Square Sereboff with Great-West and Rejects Distinction Between Recovery from Fiduciaries and Non-Fiduciaries in Defining Appropriate Equitable Relief.
Written by Steve Herman
January 13, 2007
U.S. Magistrate Orders Employer to Produce Plan E-Data in Third Party’s Possession.
Written by Steve Herman
January 13, 2007
Tenth Circuit Employs Contra Proferentem to Construe Ambiguities Against Insurer where Review is De Novo.
Written by Steve Herman
January 13, 2007
Supreme Court Rejects Fiduciary Duty in Sponsor’s Decision to Terminate Plan Through Purchase of Annuity As Opposed to Merger with Multi-Employer Plan.
Written by Steve Herman
January 13, 2007
Sixth Circuit Rejects Plan Administrator’s Attempt to Change Basis for Denial of Benefits.
Written by Steve Herman
December 22, 2006
District Court Finds that Claims Against Insurance Broker for Failure to Procure ERISA-Compliant Bonds is Not Preempted.
Written by Steve Herman
June 13, 2006
Third Circuit Reverses Denial of Long-Term Disability Benefits as Arbitrary and Capricious in the Absence of Specific Findings by the Administrator.
Written by Steve Herman
March 31, 2006
Courts in the Second Circuit Reaffirm the Test for Fiduciary Status as a Bi-Furcated Test; Status Can Be Predicated on Either the Granting or the Exercise of Discretionary Authority.
Written by Steve Herman
January 13, 2006
Divided Tenth Circuit Panel Concludes that Third-Party’s Benefits Determination is Entitled to Deference.
Written by Steve Herman
January 13, 2006
Supreme Court Effectively Overrules Great-West.
Written by Steve Herman