Labor & Employment Law Community

Title	Views
1	Magistrate: Online Posting Made Song A U.S. Work, Defeats Copyright Claims	14012
2	The LexisNexis Top 25 Labor and Employment Law Blogs of 2011	12773
3	Staub v. Proctor Hosp., 560 F.3d 647 (7th Cir. Ill., 2009)	11737

TRO Issued In H-2B Prevailing Wage Hike Lawsuit

The United States District Court for the Northern District of Florida had issued a temporary restraining order in Bayou Lawn & Landscape Services et al. v. Solis, 3:11cv445. Plaintiffs asserted that the final wage rule issued by the Department of Labor

Published Tue, Sep 27 2011 9:12 AM by LexisNexis Labor & Employment Law Community Staff

2nd Circuit Affirms Dismissal Of ERISA Challenge To Anti-Subrogation Law

NEW YORK - A nonprofit health services corporation does not have standing to challenge New York's anti-subrogation law under the U.S. Constitution and the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals affirmed Sept

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

ERISA Preempts Breach, Bad Faith Claims, Not Privacy Claim, Judge Rules

CINCINNATI - Finding that an employee benefit plan participant's breach of contract and bad faith claims "plainly relate to" the plan, federal judge in Ohio on Sept. 1 dismissed those claims as preempted by the Employee Retirement Income Security Act

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

5th Circuit: ERISA Preempts State Law Claims Brought By Former Plan Members

NEW ORLEANS - In an unpublished per curiam opinion, a Fifth Circuit U.S. Court of Appeals panel on Aug. 30 affirmed summary judgment in favor of a health insurer in a wrongful denial of benefits suit, saying the Employee Retirement Income Security Act

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

9th Circuit Finds Benefit Denial Was Reasonable

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals in a Sept. 1 unpublished opinion found that a disability plan administrator's benefit denial was reasonably supported by the evidence (David L. Welsh v. Metropolitan Life Insurance Co., et al., No

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

Insurer Entitled To Benefit Offset For SSDI Payments, 2nd Circuit Holds

NEW YORK - A disability insurer is entitled to offset benefits with Social Security Disability Income (SSDI) benefits received according to the unambiguous language of the insurance plan, the Second Circuit U.S. Court of Appeals affirmed Aug. 30 in an

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

10th Circuit: Failure To Exhaust Administrative Remedies Bars Claim

DENVER - A disability claimant who failed to seek administrative review after a denial of benefits on remand failed to exhaust his administrative remedies, the 10th Circuit U.S. Court of Appeals ruled Aug. 23 in an unpublished opinion (Robert A. DeMoss

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

9th Circuit: Action Over Benefit Calculation Is Not Time-Barred

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 23 ruled that a participant's claim under the Employee Retirement Income Security Act seeking a benefit calculation adjustment was not time-barred because her claim did not accrue until she

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

9th Circuit: Insurer Must Adjust Disability Benefits

SAN FRANCISCO - A federal district court properly ruled that an insurer that functioned as a plan administrator must retroactively adjust a participant's disability benefits pursuant to the terms of the plan to reflect a retroactive adjustment of the

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

Most ERISA Claims Survive Motion To Dismiss In WellPoint Reimbursement MDL

LOS ANGELES - A California federal judge on Aug. 11 ruled on a motion to dismiss 13 claims brought by defendants in a multidistrict litigation case alleging that insurance companies manipulated the rates for which they reimburse out-of-network medical

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

Judge Modifies Definition, Grants Class Status To Denial Of Autism Benefits Case

PHILADELPHIA - A Pennsylvania federal judge on Aug. 12 partially granted a motion to certify as a class action a case accusing multiple health insurers of wrongfully denying benefits for the treatment of autism spectrum disorder (Kristopher Churchill

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

ERISA Plan's Overpayment Provision Inapplicable, 7th Circuit Holds

CHICAGO - A federal court in Wisconsin properly dismissed a health plan's claim under the Employee Retirement Income Security Act seeking to recover amounts it paid on behalf of an uncovered person, the Seventh Circuit U.S. Court of Appeals ruled Sept

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

COBRA Improper-Notice Claim Was Timely Filed, 11th Circuit Rules

ATLANTA - The statute of limitations on claims that an employer failed to give proper notice of a terminated employee's right to continue his health care coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) begins when the employee

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

9th Circuit: Residential Treatment Not Required By Plan Is Required By State Law

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 26 ruled that although an insurer properly denied residential treatment under a health plan governed by the Employee Retirement Income Security Act, it was required to provide such treatment

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

8th Circuit: Single-Employee Severance Contract Is Not ERISA Plan

ST. LOUIS - A severance agreement between an employer and a single employee is not an Employee Retirement Income Security Act welfare benefit plan, the Eighth Circuit U.S. Court of Appeals ruled Aug. 11 (Dakota, Minnesota & Eastern Railroad Corporation

Published Thu, Sep 15 2011 8:52 AM by LexisNexis® Mealey's™ ERISA Legal News

Labor & Employment Law Community

Featured Content

You are not logged in. Please Login to add content to your community page

Visit Other Communities By

Latest Postings

Most Viewed Postings

TRO Issued In H-2B Prevailing Wage Hike Lawsuit

2nd Circuit Affirms Dismissal Of ERISA Challenge To Anti-Subrogation Law

ERISA Preempts Breach, Bad Faith Claims, Not Privacy Claim, Judge Rules

5th Circuit: ERISA Preempts State Law Claims Brought By Former Plan Members

9th Circuit Finds Benefit Denial Was Reasonable

Insurer Entitled To Benefit Offset For SSDI Payments, 2nd Circuit Holds

10th Circuit: Failure To Exhaust Administrative Remedies Bars Claim

9th Circuit: Action Over Benefit Calculation Is Not Time-Barred

9th Circuit: Insurer Must Adjust Disability Benefits

Most ERISA Claims Survive Motion To Dismiss In WellPoint Reimbursement MDL

Judge Modifies Definition, Grants Class Status To Denial Of Autism Benefits Case

ERISA Plan's Overpayment Provision Inapplicable, 7th Circuit Holds

COBRA Improper-Notice Claim Was Timely Filed, 11th Circuit Rules

9th Circuit: Residential Treatment Not Required By Plan Is Required By State Law

8th Circuit: Single-Employee Severance Contract Is Not ERISA Plan