A federal court in Virginia recently confronted a situation that arises with some degree of regularity: a judgment is entered by a court, the loser files a notice of appeal and then offers to settle the case, but imposes as a condition of the settlement that the judgment be vacated.
When an employee needs to be absent from work for more than a brief period, there are two resources they can turn to protect their employment as well as their income – Short-Term Disability (STD) and Family and Medical […]
Are undocumented employees entitled to the same employer-sponsored benefits as their co-workers? According to a recent ruling from the 8th U.S. Circuit Court of Appeals, apparently not. In Avera McKennan v. Meadowvale Dairy Employee Benefit Plan, 2020 WL 5085954 (8th Cir., Aug. 28), the appeals court ruled that a hospital (Avera) was unable to recoup significant […]
Click Here Despite the applicability of the arbitrary and capricious standard of review, the court granted in substantial part the plaintiff’s motion to compel discovery. Although the court acknowledged that in the Seventh Circuit, the scope of a court’s review of an ERISA benefit denial under a deferential standard of review is limited to the “administrative” […]
Although the Employee Retirement Income Security Act (ERISA) clearly delineates the parties who have standing to sue to redress a claimed wrongful benefit denial (employee benefit plan participants and beneficiaries – 29 U.S.C. Section 1132(a)(1)(B)), the statute is silent as to whether insurers that both underwrite and fund employer-sponsored benefits such as disability or health […]
In addition to disability insurance claims, accidental death claims are the frequent subject of Employee Retirement Income Security Act (ERISA) litigation. One recent ruling was cited by the website, Above the Law, as “A Self-Abuse of Discretion? (Or: The most interesting ERISA opinion ever.)” abovethelaw.com/?s=self-abuse. In Martin v. Hartford Life and Acc.Ins.Co., 2012 U.S.App.LEXIS 7879 […]
What is “objective” evidence? A recent ruling from the 6th U.S. Circuit Court of Appeals definitively answered that question.
Congress authorized claimants seeking employee benefits due under ERISA to bring a ‘civil action’ to recover benefits due or obtain appropriate equitable relief. 29 U.S.C. § 1132(a). The Federal Rules of Civil Procedure contemplate only one form of civil action; and civil actions are to be adjudicated utilizing the procedures specified by the civil procedure […]
Mark D. DeBofsky is a name partner of DeBofsky Law — on the web at debofsky.com. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage issues. He can be reached at [email protected] While most ERISA claims are heard in federal court, claims for benefits may also be […]
The scope and breadth of the Employee Retirement Income Security Act’s statutory preemption of state laws that relate to employee benefit plans[1] has confounded the courts since ERISA was enacted in 1974. In recent years, a battle front has emerged over the power of local governments to ensure universal health care for workers. The U.S. District […]