Attorney fees in ERISA cases continue to be a challenge.
What happens when both sides can claim wins during a case?
What is a reasonable hourly rate for Plaintiff’s attorneys?
Here’s the case of Barboza v. California Association of Professional Firefighters, 2016 WL 3125996, (E.D. Ca. June 3, 2016).(This case involved years of litigation…
Lane Powell attorney Mike Baylous writes an excellent summary here on big changes to ERISA in the 9th Circuit.
Remember that old argument that equitable claims should be dismissed because they are duplicative?
Not so anymore in the 9th Circuit (or the 8th Circuit for that matter).
Here is the case of Moyle…
For many reasons, some of the toughest cases to litigate involve the application of the suicide exclusion.
There is a growing body of evidence challenging suicide exclusion determinations.
Here is the recent case of Collins v. Unum Life Insurance Co., 2016 WL 2753862, __ F.Supp.3d __ (May 6, 2016). This case walks you through…
You know that most ERISA disability plans contain a 24-month limitation related to mental/nervous disabilities.
But what happens when the claimant alleges the mental illness is “organically caused”? Is that enough to justify benefits beyond the 24-month period?
Not in this case…
Here’s the case of McAlister v. Liberty Life Assur. Co. of Boston…
You know that many Plans have forum selection clauses. Are they enforceable? YES
When a Plan participant claims they “did not know of a plan amendment,” how do you prove the Participant received notice of the amendment? A new case explains.
Here’s the case of Malagoli v. AXA Equitable Life Insurance Company, __…
Must denial letters inform the claimant, seeking ERISA-governed benefits, about the contractual limitations provision?
A recent court trend, like with the First, Third and Sixth Circuits, requires denial letters to inform the claimant of the Plan’s contractual limitations provision. See, e.g., Santana- Díaz v. Metropolitan Life Insurance Co., No. 15-1273, 1st Cir.
You already know that evidence of a “conflict of interest” can change the standard of review the court applies in ERISA claims.
But proper structuring of multi-employer benefit plans can avoid an inherent conflict of interest.
Here’s the case of Foltz v. Barnhart Crane and Rigging, Inc., __ Fed. Appx. __ (6th Cir.
You know there has been a court trend toward narrowing ERISA preemption.
But…that trend was brushed back today by the U.S. Supreme Court.
Here’s today’s case: Gobeille v. Liberty Mutual Insurance Com., __ U.S. __ (March 1, 2016) (State regulations that impinge upon ERISA’s core functions, like reporting, are preempted by ERISA) [PDF].
FACTS…
You know that procedural irregularities in an appeal denial of a claim for ERISA-governed benefits can change the standard of review from arbitrary and capricious to de novo review.
But not all the time. The claimant should also “provide meaningful new evidence or raise significant new issues on administrative appeal.”
Here’s the case of…
You already know that claimants with a denied claim must submit an appeal and exhaust administrative remedies before filing suit.
But are phone calls sufficient to trigger the appeal process?
And, can a claimant trump the exhaustion requirement by alleging the denial was in “bad faith” and, therefore was a “special circumstance?”
Here’s the case…
