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Is There A Cause of Action For A Participant Under §502(a)(2) of ERISA? The Supreme Court Says Yes!

In LaRue v. DeWolff, Boberg & Assoc. 552 U.S. ___ (2008), the Supreme Court unanimously ruled that §502(a)(2) of the Employee Retirement Income Security Act (ERISA) allows a participant to recover damages from his employer for any fiduciary breaches that impair the value of a plan's assets...

Second Circuit Dismisses Health Insurance Plan Participant's Claims Under ERISA and WHCRA for Failure to Fully Reimburse Medical Expenses

Recently, the Second Circuit in Krauss v. Oxford Health Plans, Inc. et al ., affirmed the lower court's dismissal of allegations that the health insurance plan violated Employee Retirement Income Security Act (ERISA) and Women's Health and Cancer Rights Act (WHCRA) by declining to fully reimburse...

David Harlow Speaks Out on Massachusetts Health Care Reform

By David Harlow I am a guest on the latest edition of Lawyer2Lawyer , a podcast talk show on the Legal Talk Network hosted by fellow Bay State blawger Bob Ambrogi and Golden State lawyer Craig Williams, discussing aspects of the Massachusetts health reform plan, national health reform, and the lawsuit...

No ERISA Preemption for Unfair Insurance Practices in Montana

By Barry Zalma, Attorney and Consultant In 1987 the U.S. Supreme Court decided Pilot Life Insurance Co. V. Dedeaux, 481 U.S. 41, 95 L. Ed. 2d 39, 107 S. Ct. 1549 (U.S. 04/06/1987) , that held that the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 829, as amended, 29 U. S. C. §...

Highlights of the Winter 2011 Issue of New Appleman on Insurance: Current Critical Issues in Insurance Law

The Winter 2011 issue of New Appleman on Insurance: Current Critical Issus in Insurance Law features three timely articles of significant importance: • The Supreme Court's 2011 Class Action Decisions: Their Impact on Insurance Class Actions • The Rise of U.S. Onshore Captive Domiciles...