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Title	Views
1	Magistrate: Online Posting Made Song A U.S. Work, Defeats Copyright Claims	14028
2	The LexisNexis Top 25 Labor and Employment Law Blogs of 2011	12899
3	Staub v. Proctor Hosp., 560 F.3d 647 (7th Cir. Ill., 2009)	11749

High Court Won't Hear Compliance Bond Case Involving Madoff

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 declined to review the Second Circuit U.S. Court of Appeals' dismissal of a retirement plan sponsor's claims seeking reimbursement pursuant to an Employee Retirement Income Security Act compliance bond

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

High Court Denies Review Of 10th Circuit ERISA Standing Case

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 14 declined to review the 10th Circuit U.S. Court of Appeals ruling that a former employee did not have standing to sue his former employer under the Employee Retirement Income Security Act and that ERISA

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

11th Circuit's Structural Conflict Of Interest Ruling Will Not Be Reviewed

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 declined to review an 11th Circuit U.S. Court of Appeals ruling that a disability insurer possessed a reasonable basis for its decisions to terminate benefits and its structural conflict of interest

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

Action Filed Within 3 Years Of Proof Of Loss Is Timely, Court Rules

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 18 held in an unpublished opinion that a claimant's action for wrongful denial of disability benefits that was filed within three years of the date the proof of loss was due was timely. The appeals

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

Plan's Denial Letter Did Not Violate ERISA's Notice Rules, 2nd Circuit Holds

NEW YORK - A group disability plan administrator's benefit denial letter did not violate the Employee Retirement Income Security Act's notice requirements, the Second Circuit U.S. Court of Appeals ruled Nov. 3 in an unpublished opinion (Susan Tortora

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

Reliance On Record Reviews In Benefit Denial Was Reasonable, 4th Circuit Holds

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Nov. 21 in an unpublished opinion reversed a grant of summary judgment to a disability claimant, holding that the administrator acted reasonably in relying on the opinions of reviewing doctors

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

8th Circuit: Reliance On Record Reviews, Video Surveillance Was Reasonable

ST. LOUIS - A disability insurer's reliance on record reviews and video surveillance in its decision to deny benefits was not an abuse of discretion, the Eighth Circuit U.S. Court of Appeals ruled Dec. 7 in an unpublished opinion (Troy J. Daigle v Hartford

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

Divided 1st Court: Termination Not Supported; Remand Warranted

BOSTON - The First Circuit U.S. Court of Appeals on Dec. 7 in a 2-1 opinion vacated a grant of summary judgment to a disability plan administrator in an action alleging wrongful denial of benefits and ordered that the claim be remanded to the administrator

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

10th Circuit: Insurer Acted Properly In Denying Residential Treatment Benefits

DENVER - A 10th Circuit U.S. Court of Appeals panel on Nov. 15 affirmed summary judgment in favor of a health plan administrator on claims that the insurer wrongfully denied benefits for a beneficiary's treatment in a residential psychiatric center, saying

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

5th Circuit: Surviving Spouse, Not Named Beneficiaries Is Entitled To Benefits

NEW ORLEANS - Pursuant to the terms of a 401(k) retirement plan, a participant's surviving spouse was entitled to the plan benefits, even though the participant's children were the named beneficiaries, the Fifth Circuit U.S. Court of Appeals affirmed

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

ESOP Trustee Did Not Engage In Prohibited Transaction, Utah Federal Judge Rules

SALT LAKE CITY - A federal judge in Utah on Dec. 8 granted partial summary judgment to the former trustee of an employee stock ownership plan on claims that he engaged in prohibited transactions and self-dealing in violation of the Employee Retirement

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

Time Limit In Summary Plan Description Is Unenforceable Under Amara, Judge Rules

BOSTON - A federal judge in Massachusetts on Dec. 9 denied a motion to reconsider his ruling that an ERISA-governed disability plan improperly denied an administrative appeal as untimely based on a time limitation in a summary plan description (SPD) that

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

Time Limit In Summary Plan Description Is Enforceable Under Amara, Magistrate Rules

BOSTON - A participant in a long-term disability plan governed by the Employee Retirement Income Security Act is bound by the time periods for filing claims and appeals that are in the summary plan description (SPD), even if they are not expressly mentioned

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

Exhaustion Of Administrative Remedies Not Required, Pa. Federal Judge Holds

PHILADELPHIA - Beneficiaries of retirement plan proceeds were not required to exhaust administrative remedies in their action against the plan sponsor for breaching its fiduciary duties under the Employee Retirement Income Security Act by failing to timely

Published Fri, Dec 16 2011 10:27 AM by LexisNexis® Mealey's™ ERISA Legal News

Failure To Diversify Is Insufficient To Impose Liability, 4th Circuit Says

RICHMOND, Va. - A federal district court erred in holding that pension plan trustees were liable under the Employee Retirement Income Security Act for losses to the plan based on findings that the trustees breached their fiduciary duties to investigate

Published Fri, Dec 16 2011 10:26 AM by LexisNexis® Mealey's™ ERISA Legal News

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High Court Won't Hear Compliance Bond Case Involving Madoff

High Court Denies Review Of 10th Circuit ERISA Standing Case

11th Circuit's Structural Conflict Of Interest Ruling Will Not Be Reviewed

Action Filed Within 3 Years Of Proof Of Loss Is Timely, Court Rules

Plan's Denial Letter Did Not Violate ERISA's Notice Rules, 2nd Circuit Holds

Reliance On Record Reviews In Benefit Denial Was Reasonable, 4th Circuit Holds

8th Circuit: Reliance On Record Reviews, Video Surveillance Was Reasonable

Divided 1st Court: Termination Not Supported; Remand Warranted

10th Circuit: Insurer Acted Properly In Denying Residential Treatment Benefits

5th Circuit: Surviving Spouse, Not Named Beneficiaries Is Entitled To Benefits

ESOP Trustee Did Not Engage In Prohibited Transaction, Utah Federal Judge Rules

Time Limit In Summary Plan Description Is Unenforceable Under Amara, Judge Rules

Time Limit In Summary Plan Description Is Enforceable Under Amara, Magistrate Rules

Exhaustion Of Administrative Remedies Not Required, Pa. Federal Judge Holds

Failure To Diversify Is Insufficient To Impose Liability, 4th Circuit Says