A recently issued appellate court decision illustrates the complexity of ERISA preemption. Williby v. Aetna Life Ins. Co, 2017 WL 3482390 (9th Cir. August 15, 2017) involves the interplay between ERISA’s preemption provision and the savings and deemer clauses found in 29 U.S.C. § 1144.The underlying matter concerned a claim for short-term disability benefits under […]
A recent ruling issued by the 7th U.S. Circuit Court of Appeals resolved a controversial issue in Employee Retirement Income Security Act litigation: Does ERISA’s venue provision, 29 U.S.C. Section 1132(e)(2), preclude enforcement of a forum-selection clause in an employee benefits plan? The petitioner, George Mathias, the plan beneficiary, the secretary of labor, as amicus […]
DeBofsky Law recently received a ruling from Judge Robert Dow, Jr. of the U.S. District Court for the Northern District of Illinois in Harding v. Hartford Life and Accident Insurance Company, 2017 WL 1316264 (N.D. Ill. April 10, 2017), which thoughtfully analyzed the scope of available discovery in an ERISA action adjudicated under the de novo standard of judicial review.
The interaction between pre-emption and discretion can make ERISA cases more complex, and require expert legal assistance.
A recent ruling from a federal court in Arizona offers a lesson on the consequences of discovery abuse: The court imposed severe sanctions on an insurer for wrongfully withholding documents requested in discovery. The case of Sell v. Country Life Insurance Co., 2016 WL 3179461 (D. Ariz., June 1, 2016), involved a claim for disability […]
The recent case of Gooden v. Unum Life Ins. Co. of Am., 2016 WL 3059752 (E.D. Tenn. March 30, 2016) involved a familiar scenario – whether a “list bill” arrangement constitutes an ERISA plan.