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Third Circuit on Attorney's Fees Under ERISA

I took last week off from blogging to wrap up my first year of teaching employment law at Penn State. Now I'm back with an exciting new development from the Third Circuit . . . a precedential decision on the standard for awarding attorney's fees under ERISA! Okay, "exciting" might not...

Supreme Court Says Trust Law Informs Limitations Question in Imprudent Retention Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court ruled in a unanimous opinion today that the Ninth Circuit U.S. Court of Appeals erred in holding that Employee Retirement Income Security Act Section 413(1) bars breach of fiduciary duty claims based on the fiduciaries’ initial selection...

U.S. Supreme Court Makes It Easier for Plan Sponsors to Challenge the Prudence of 401(k) Investment Options

On May 18, 2015, the U.S. Supreme Court handed down a unanimous decision that effectively expands the time period during which a 401(k) plan participant may file suit for certain ERISA violations. In Tibble v. Edison International , the Court considered the Ninth Circuit Court of Appeal’s decision...

Katten Muchin Rosenman LLP: 8 Key Estate Planning Opportunities Arising From The Supreme Court's Decision On Same-Sex Marriage

By Katten Muchin Rosenman LLP On June 26, 2015, the US Supreme Court ruled that a state ban on same sex marriage is unconstitutional, in violation of the equal protection clause of the Fourteenth Amendment. The landmark ruling in the combined cases known as Obergefell v. Hodges [1] struck down every...

Williams Mullen: Health Care Providers Lacked Standing to Sue as ERISA Beneficiaries: Rojas v. Cigna Health and Life Insurance Company

By Mark S. Thomas The U. S. Court of Appeals for the Second Circuit has affirmed a dismissal of claims by two physicians and their medical practice asserting standing under ERISA to enjoin an insurer from removing them from its coverage network. Rojas v. Cigna Health and Life Insurance Company , Case...

U.S. High Court Considers Equitable Relief In ERISA Reimbursement Dispute

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today heard arguments regarding whether an employee welfare plan’s attempt to recover an alleged overpayment from a participant constitutes permissible “equitable relief” under Employee Retirement Income Security Act Section...

Opt Outs to Workers’ Compensation: The Real Disconnect in What Is Being Said and What Is Being Implemented

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL, LLC The National Workers’ Compensation and Disability Conference generally serves as a pretty good barometer of what the industry focus will be in the upcoming year and it is evident that 2016 will be all about opt-out. Given that it was...

Federalization of Workers’ Comp: Politics, Opt-Outs and Survival of the State-Based Status Quo

By Karen C. Yotis, Esq., Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter A chronicle of workers’ compensation in the United States tells the story of a persistent (but failing) federal advocacy that gives way to entrenched special interests . . . Every ...

Workers’ Comp Agency Declares Oklahoma Opt-Out Statute Unconstitutional

The Oklahoma Workers’ Compensation Commission’s decision may ultimately have set up a collision between ERISA preemption and the Oklahoma State Constitution By Michael C. Duff, Assoc. Dean of Student Programs and External Relations, and Centennial Distinguished Professor of Law, University...

Opt-Out Lessons From Lone Star State

Shining the Real Light on So-Called Texas Opt Outs By Thomas A. Robinson, co-author Larson’s Workers’ Compensation Law As Lex Larson and I point out in the opening article in Workers’ Compensation Emerging Issues Analysis , 2015 Edition, 2016 will shape up to be an important one...

Workers’ Compensation Opt-Out Laws: No Escape From ERISA Preemption?

In ERISA Congress has created a “lock-box” in which it both carefully defines and limits state exclusions from the statute and aggressively sweeps up through preemption anything that remains. Thus, if an employee welfare benefit plan is not clearly and exactly excluded from ERISA, any state...

8 Myths and Facts About Workers’ Compensation (August 2016)

The LexisNexis Legal Newsroom Workers’ Compensation Law has interviewed leading experts from different segments of the workers’ compensation industry to tell us some common myths and facts about workers’ compensation. Note that the myths listed below are set forth in random order and...

United States: Employer May Offset Workers’ Comp Benefits Against Amounts Owed Under Long-Term Disability Plan

The 9th Circuit Court of Appeals affirmed a decision by a U.S. District Court judge that held, as a matter of law, that an employer was entitled to offset an injured worker’s PPD workers’ compensation benefits against the worker’s long-term disability benefits owed under an ERISA plan...