EBIA Weekly Archives - Court Cases
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Results (1461 articles found)
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- COBRA Notice Deadline Runs From Employment Termination Date
- From the May 10, 2012 EBIA Weekly
- In an earlier decision in this case, the court assessed a statutory penalty of $10 per day for an employer’s failure to deliver a COBRA election notice to a terminating employee until almost a year after her termination ...
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- Preauthorization of Surgical Procedure Not Covered by the Plan Was Not a Fiduciary Breach
- From the May 10, 2012 EBIA Weekly
- The participant in this case sued the claims administrator of his employer’s group health plan for breach of fiduciary duty after it preauthorized his gastric bypass surgery and then denied coverage for the procedure following the surgery. Because ...
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- Exhaustion of Administrative Remedies Not Required When Claim Is Based on Statutory Violation of ERISA
- From the May 03, 2012 EBIA Weekly
- In this employment discrimination and wrongful discharge case, the terminated employee sued his former employer for, among other things, the unlawful denial of COBRA benefits. The employer argued that the former employee was precluded from bringing his claim for COBRA ...
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- No Title VII Retaliation Claim for Employee Who Received Late COBRA Notice
- From the April 19, 2012 EBIA Weekly
- The former employee in this case filed a charge with the EEOC, claiming that her employer had retaliated against her in violation of Title VII of the Civil Rights Act for filing a previous EEOC charge. (Title VII makes it ...
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- Individual Policy Did Not Preclude Employee From Receiving COBRA Coverage
- From the April 12, 2012 EBIA Weekly
- After multiple surgeries on her ankle and an FMLA leave of absence, the employee in this case was terminated. The employer told her she would receive notice of her COBRA coverage when her coverage under the employer’s health ...
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- Failure to Monitor Revenue Sharing and Negotiate Rebates for Recordkeeping Fees Violated Governing Documents and Fiduciary Duties
- From the April 12, 2012 EBIA Weekly
- In this case, 401(k) plan participants claimed that plan fiduciaries violated their fiduciary duties in connection with revenue sharing arrangements used to compensate a recordkeeper and in certain plan investment decisions. (Under “revenue sharing,” an investment fund ...
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- Post-Amara Appellate Decision Rejects Equitable Remedies for Inaccurate Pension Plan SPD
- From the April 12, 2012 EBIA Weekly
- This case involves participants in a pension plan who sued to challenge the actuarial reduction of their benefits under the terms of the plan document, claiming that the reduction should not apply because it was not described in the plan&...
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- Dispute Involving Individual Employment Agreement Could Not Be Litigated in Federal Court Because Claims Did Not Arise Under ERISA
- From the April 05, 2012 EBIA Weekly
- The issue in this case was whether certain state-law wage claims raised by a former CEO under an individual employment agreement were actually claims under ERISA, such that the CEO’s former employer could choose to litigate the ...
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- U.S. Supreme Court Hears Arguments on Health Care Reform
- From the March 29, 2012 EBIA Weekly
- The Supreme Court heard arguments this week on the constitutionality of health care reform’s individual mandate and several related issues. More than six hours of argument over three days captured the nation’s attention (in a way ...
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- State-Law Claims Preempted Where COBRA Coverage Was Not Provided Under Individual Policy
- From the March 22, 2012 EBIA Weekly
- A former employee who had participated in his employer’s insured medical plan elected COBRA coverage following his termination. He later sued the plan’s insurer under state law, alleging wrongful denial of benefit claims he incurred during ...
