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
U.S. Fifth Circuit Confirms that Adequate Representation Can Exist Even Where Some Classmembers Might Fall Into More than One Subclass
Written by Steve Herman
December 13, 2025
Arizona Adds Guidance to Rule 3.3 Comments Regarding Potential “Deep Fakes”
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
December 8, 2025
ABA Issues Formal Opinion on the Disclosure Permitted, and Not Permitted, Upon Withdrawal from Representation
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
November 9, 2025
U.S. Fifth Circuit Rejects Cross-Jurisdictional Tolling Based on Federal Class Action for Cases Initially Filed in Texas State Court
Written by Steve Herman
September 23, 2025
Southern District of New York Finds Evidence that Reed Smith Was Used to Advance Fraud on Arbitration Panel Traversing Privilege under Crime-Fraud Exception
Written by Steve Herman