Lindsey Chopin
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The Fifth Circuit concluded that a plan participant was not entitled to recover attorneys’ fees for obtaining a remand order requiring the district court to apply a de novo, rather than abuse of discretion, standard of review to the administrative determination of her benefit claim. In so ruling, the Court applied the principles enunciated by … Continue Reading
In a case of first impression, the Ninth Circuit overturned 35 years of precedent and ruled that ERISA class action claims brought on behalf of an ERISA plan are subject to individual arbitration. The Court also enforced the arbitration agreement’s class action waiver and sent plaintiff’s putative ERISA class action to individual arbitration with relief … Continue Reading
A federal district court in Ohio concluded that internal communications between a plan administrator and in-house counsel about a beneficiary’s first-level benefit claim remained protected by the attorney-client privilege, and that ERISA’s fiduciary exception to the attorney client privilege did not apply. In so ruling, the court explained that once the beneficiary’s counsel submitted a … Continue Reading
As we reported here, record-keepers for large 401(k) plans have thus far been successful in defending ERISA fiduciary-breach litigation over investment advice powered by Financial Engines. These lawsuits generally claim that fees collected by record-keepers for investment advice were unreasonably high because the fees exceeded the amount actually paid to Financial Engines. Plaintiffs in Chendes v. … Continue Reading
Participants in a voluntary separation program filed suit for breach of fiduciary duty under ERISA seeking additional benefits after learning that greater benefits were provided to individuals who did not participate in the program but were later part of an involuntary reduction-in-force. The Third Circuit concluded that the program was not an ERISA plan because … Continue Reading
Since 2016, record keepers for large 401(k) plans have been defending litigation over investment advice provided by the Financial Engines investment advice algorithm. (This kind of arrangement is commonly referred to as “robo-advice.”) The lawsuits claim, in essence, that fees collected by record keepers for investment advice were unreasonably high, because the fees exceeded the … Continue Reading
A recent Third Circuit decision reinforced the need for ERISA plaintiffs to plead injury-in-fact to establish Article III standing. In Krauter v. Siemens Corp., No. 17-1662, 2018 WL 921542 (3d Cir. Feb. 16, 2018), the plaintiff was a beneficiary of four pension plans that had been sponsored by Siemens. After the Plaintiff’s retirement, Siemens sold … Continue Reading
The Second Circuit concluded that a promissory estoppel claim by an out-of-network provider against an insurer was not completely preempted by ERISA and thus remanded the claim to state court for further proceedings. The provider’s claim was predicated on its assertion that the insurer made certain representations about coverage for the insured. The Court held that … Continue Reading
Oregon, like many states, has on its books a “slayer statute,” which generally prohibits a slayer or abuser of a decedent from obtaining benefits by virtue of the death of the decedent. The parents of Julianne Herinckx sought to enforce the Oregon slayer statute and preclude their daughter’s murderers from receiving life insurance benefits payable … Continue Reading
The Third Circuit recently held that ERISA administrative appeal denial letters must include plan-imposed time limits for commencing a lawsuit challenging the claim denial, and the failure to provide such notice warranted setting aside the plan’s limitation period. Mirza v. Ins. Adm’r. of Am., Inc., 2015 WL 5024159 (3d Cir. Aug. 26, 2015). The ERISA … Continue Reading
The U.S. Supreme Court recently declined to grant certiorari to review the Fourth Circuit’s decision in RJR Pension Investment, et al. v. Tatum, 761 F.3d 363 (4th Cir. 2014). As we previously reported here, a divided panel of the Fourth Circuit held that, because the plaintiff proved that the plan fiduciaries acted imprudently by liquidating … Continue Reading
The Sixth Circuit held that GM was not obligated to contribute $450 million to fund retiree health benefits for UAW members because the most recent contract between the UAW and GM extinguished GM’s former obligation to contribute. In response to earlier litigation between the UAW against GM to recover retiree health benefits and a bankruptcy reorganization, GM … Continue Reading
The First Circuit recently applied an abuse of discretion standard of review to a claim for top hat plan benefits. Plaintiff Robert Niebauer, a former executive of Crane, brought a claim for executive severance plan benefits and a claim under ERISA section 510 for interference with his rights to benefits. The district court granted summary … Continue Reading
On March 30, the U.S. Supreme Court announced it would review Bd. of Trustees of Nat. Elevator Indus. Health Ben. Plan v. Montanile, 593 F. App’x 903 (11th Cir. 2014). As discussed here, at issue in the case is whether an ERISA fiduciary of a health benefit plan, who alleges that a beneficiary was overpaid … Continue Reading
The Fifth Circuit ruled that an out-of-network medical provider that was assigned a patient’s rights to health insurance benefits has standing to sue a health plan that underpays its portion of the benefits due even if the plan participant portion is paid in full. North Cypress Medical Ctr. Operating Co., et al. v. Cigna Healthcare, … Continue Reading
A New Jersey federal district court held (in an unpublished opinion) that a former plan participant’s same-sex spouse who never enrolled in the benefit plan did not have standing to assert a claim alleging that his spouse’s employer failed to provide proper and timely notice of coverage under COBRA.… Continue Reading
The Eleventh Circuit recently concluded that Robert Montanile, a welfare plan participant, could not avoid reimbursing the National Elevator Industry Health Benefit Plan for benefits it paid on his behalf after he recovered from a third party tortfeasor. In so ruling, the Court rejected Montanile’s arguments that the plan’s reimbursement provision was not enforceable because … Continue Reading
Plaintiff Kristopher Towles, the son of a deceased participant of a life insurance plan, challenged the plan’s decision to pay the life insurance proceeds to the deceased’s husband, contending that the beneficiary form replacing him with the deceased husband had been forged. After five attempts to state a claim, the district court dismissed the complaint … Continue Reading
The Eighth Circuit recently concluded that an employer may violate the ADEA by terminating an older employee in order to reduce its health care premiums. Tramp v. Associated Underwriters, Inc., 2014 WL 4977396 (8th Cir. 2014). Plaintiff Marjorie Tramp brought claims of discrimination and retaliation under the ADEA, arguing that Defendant Associated Underwriters, Inc. terminated … Continue Reading
Fifth Circuit: Procedural Win Is Not Grounds for Attorney’s Fees
By Lindsey Chopin on Posted in Attorneys' Fees
Ninth Circuit Overturns Precedent and Sends ERISA Claims to Individual Arbitration
By Howard Shapiro, Myron Rumeld, Stacey Cerrone, John E. Roberts, Tulio Chirinos and Lindsey Chopin on Posted in Arbitration
Life Insurer Compelled to Produce Attorney-Client Communications
By Lindsey Chopin on Posted in Attorney-Client Privilege/Attorney Work Product
Record-Keeper Defeats Second Round of Robo-Adviser Fee Litigation
By Lindsey Chopin on Posted in Defined Contribution Plan Investment Litigation
No Ongoing Administration, No ERISA Plan
By Lindsey Chopin on Posted in ERISA Coverage
First Round of Robo-Advisor Fee Litigation Goes to Record-Keepers
By Lindsey Chopin on Posted in Defined Contribution Plan Investment Litigation
Third Circuit Analyzes Standing for ERISA Plan Management Claims
By Lindsey Chopin on Posted in Standing
Out-of-Network Physician’s Claim Against Insurer Not Preempted by ERISA
By Lindsey Chopin on Posted in Preemption
Oregon State Court of Appeals Recognizes Federal Slayer Law
By Lindsey Chopin on Posted in Slayer Statute
Third Circuit Says ERISA Administrative Appeal Denial Letters Must State Plan-Imposed Time Limits
By Lindsey Chopin on Posted in Statute of Limitations
Supreme Court Denies Review of Fourth Circuit Loss Causation Case
By Lindsey Chopin on Posted in Articles, Employer Stock Fund Litigation, Loss Causation
GM Not Obligated to Make $450 Million Contribution to Fund Union Retiree Health Benefits
By Lindsey Chopin on Posted in Release Agreements / Settlements, Retiree Health Care Benefits
First Circuit Reviews Top Hat Plan Benefits Denial for Abuse of Discretion
By Lindsey Chopin on Posted in Top Hat Plans
US Supreme Court to Consider ERISA’s Tracing Requirements
By Lindsey Chopin on Posted in Remedies
Fifth Circuit: Hospital Enjoys Standing to Seek ERISA Benefits
By Lindsey Chopin on Posted in Standing
Same-Sex Spouse Has No Standing to Assert COBRA Notice Claim
Eleventh Circuit Enforces Subrogation Clause
By Lindsey Chopin on Posted in Subrogation/Reimbursement
Tenth Circuit Finds Plan Administrator Has No Duty to Inquire into Authenticity of Participant’s Beneficiary Designation
By Lindsey Chopin on Posted in Beneficiary Designations
Eighth Circuit Says That Considerations Of Health Care Cost Savings Could Be Proxy For Age In ADEA Suits
By Lindsey Chopin on Posted in Reduction in Force
