Labor & Employment Law Community

Title	Views
1	Magistrate: Online Posting Made Song A U.S. Work, Defeats Copyright Claims	14022
2	The LexisNexis Top 25 Labor and Employment Law Blogs of 2011	12852
3	Staub v. Proctor Hosp., 560 F.3d 647 (7th Cir. Ill., 2009)	11743

U.S. High Court Majority Upholds State’s Immunity From Employee’s Bias Suit

WASHINGTON, D.C. - (Mealey's) A state employee is blocked by sovereign immunity from recovering damages from his state employer for claims of discrimination brought under the self-care provision of the Family and Medical Leave Act (FMLA), a split U.S

Published Tue, Mar 20 2012 2:48 PM by LexisNexis® Mealey's™ Legal News

U.S. Supreme Court Rules On Disability Benefits Calculation

WASHINGTON, D.C. - (Mealey's) An injured maritime worker's compensation is based on the rate at the time he or she becomes disabled regardless of when a compensation order is issued, a split U.S. Supreme Court ruled on March 20 ( Dana Roberts v. Sea-Land

Published Tue, Mar 20 2012 2:33 PM by LexisNexis® Mealey's™ Legal News

Discovery Denied In PBGC Downsizing Liability Case

CLEVELAND - A pension plan sponsor is not entitled to discovery regarding the Pension Benefit Guaranty Corp.'s (PBGC) liability formula in downsizing cases, a federal judge in Ohio ruled Feb. 24 in an action brought by the PBGC to enforce its administrative

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

Remand Order Was Not Appealable, 11th Circuit Rules

ATLANTA - The 11th Circuit U.S. Court of Appeals on Feb. 21 ruled that a lower court's order remanding a claim for disability benefits to the plan administrator for further review is not "final and appealable" (Cheryl G. Young v. The Prudential Insurance

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

3rd Circuit: Denial Decision Was Not An Abuse of Discretion

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 21 in an unpublished opinion upheld a grant of summary judgment to a plan administrator that terminated benefits to a claimant suffering from abdominal pain and chest discomfort, finding that

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

7th Circuit: Benefit Offset For Children's Social Security Payments Was Proper

CHICAGO - The Seventh Circuit U.S. Court of Appeals on March 2 ruled that a plan administrator is entitled to offset its disability payments by benefits awarded to a claimants' dependent children by the Social Security Administration (Kathleen G. Schultz

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

5th Circuit: Allegations Of Bias Are Too Speculative To Demonstrate Conflict

NEW ORLEANS - A disability claimant failed to demonstrate that the plan administrator acted under a conflict of interest sufficient to warrant a heightened standard of review of a denial of benefits determination under the Employee Retirement Income Security

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

10th Circuit: Life Insurance Benefits Precluded By Medical Treatment Exception

DENVER - A 10th Circuit U.S. Court of Appeals majority on Feb. 10th upheld dismissal of a life insurance policy's beneficiaries' claims, finding that benefits were properly denied under a policy exclusion that precluded coverage for accidental death caused

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

Plan Estopped From Denying Benefits Based On Misrepresentation, Judge Rules

GREEN BAY, Wis. - A life insurance plan governed by the Employee Retirement Income Security Act is estopped from denying benefits because the employer's representative misrepresented that the insured did not need to apply for coverage upon his retirement;

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

ADD Plan Exclusion For Circulatory Malfunction Bars Benefits, 6th Circuit Holds

CINCINNATI - An accidental death and dismemberment (ADD) insurance plan properly concluded that benefits for a participant's death caused by a pulmonary embolism were barred by the plan's exclusion of coverage of any loss caused by a "circulatory malfunction

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

Plan Administrator Reasonably Interpreted Voluntary Ingestion Exclusion, 5th Circuit Rules

NEW ORLEANS - The administrator of a life insurance policy did not abuse its discretion in denying accidental death benefits for death caused by an accidental overdose of prescription drugs under the policy's voluntary ingestion exclusion, the Fifth Circuit

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

N.J. Federal Judge Partially Grants Motion To Amend Reimbursement Dispute Suit

NEWARK, N.J. - A New Jersey federal judge on March 6 partially granted a plaintiff's motion to file a second amended complaint in a reimbursement dispute while denying the defendants' motion to dismiss as moot (Broad Street Surgical Center v. UnitedHealth

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

ERISA Preempts Civil Conspiracy Claims In Reimbursement Dispute

NEWARK, N.J. - A federal judge in New Jersey on Jan. 24 granted judgment on the pleadings for defendants involved in a class action reimbursement lawsuit against their insurer, a database company and the database's parent company, saying that the Employee

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

Plan's Anti-Assignment Clause Bars Provider's Reimbursement Suit

CHARLESTON, S.C. - A federal judge in South Carolina on March 2 granted summary judgment in favor of the defendants in a health insurance reimbursement dispute, saying that the plaintiff hospital, as a third-party beneficiary, did not have derivative

Published Thu, Mar 15 2012 10:05 AM by LexisNexis® Mealey's™ ERISA Legal News

Interlocutory Appeal Of Class Certification In Autism Benefits Case Denied

CINCINNATI - The Second Circuit U.S. Court of Appeals on Feb. 24 denied Blue Cross Blue Shield of Michigan's petition for leave to appeal an order certifying as a class action a case challenging the denial of autism benefits under the Employee Retirement

Published Thu, Mar 15 2012 10:05 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

U.S. High Court Majority Upholds State’s Immunity From Employee’s Bias Suit

U.S. Supreme Court Rules On Disability Benefits Calculation

Discovery Denied In PBGC Downsizing Liability Case

Remand Order Was Not Appealable, 11th Circuit Rules

3rd Circuit: Denial Decision Was Not An Abuse of Discretion

7th Circuit: Benefit Offset For Children's Social Security Payments Was Proper

5th Circuit: Allegations Of Bias Are Too Speculative To Demonstrate Conflict

10th Circuit: Life Insurance Benefits Precluded By Medical Treatment Exception

Plan Estopped From Denying Benefits Based On Misrepresentation, Judge Rules

ADD Plan Exclusion For Circulatory Malfunction Bars Benefits, 6th Circuit Holds

Plan Administrator Reasonably Interpreted Voluntary Ingestion Exclusion, 5th Circuit Rules

N.J. Federal Judge Partially Grants Motion To Amend Reimbursement Dispute Suit

ERISA Preempts Civil Conspiracy Claims In Reimbursement Dispute

Plan's Anti-Assignment Clause Bars Provider's Reimbursement Suit

Interlocutory Appeal Of Class Certification In Autism Benefits Case Denied