EBIA Weekly Archives - ERISA - Court Cases
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Results (840 articles found)
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- Plan Provision Relieving Trustee of Duty to Monitor and Collect Contributions Is Void as Against Public Policy
- From the June 11, 2009 EBIA Weekly
- The DOL, in this case, asked the court to declare that a plan provision relieving the trustee of any duty to monitor or collect required employer contributions was void as against public policy under ERISA Section 410 (which voids any ...
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- Administrator Breached Fiduciary Duties by Loaning Plan Funds to Start-Up Company
- From the June 11, 2009 EBIA Weekly
- This fiduciary breach case involved a series of loans made with plan funds from an ERISA welfare benefit trust to a start-up company. The loans were recommended as plan investments by an investment advisor, who indicated to the plan ...
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- Retirees Can Proceed With Claim That Employer Violated ERISA in Terminating Their Health Benefits
- From the June 04, 2009 EBIA Weekly
- The retirees in this case were covered under a series of collective bargaining agreements (CBAs), each of which incorporated a benefits booklet that provided for retiree health benefits. Several years after the mill where the retirees had worked was closed, ...
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- ERISA Does Not Preempt State Laws Preventing Insurers From Including Discretionary Language in Insurance Policies
- From the May 28, 2009 EBIA Weekly
- Two more courts have concluded that ERISA does not block the enforcement of state laws that prohibit “discretionary” language in insurance policies issued under ERISA plans. (As background, discretionary language reserves discretion to interpret the plan and is ...
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- First Circuit Refines Its Standard of Review Analysis Based on Supreme Court's Glenn Decision
- From the May 21, 2009 EBIA Weekly
- The First Circuit has reviewed its analysis of the standard of review applicable in ERISA benefits litigation and found the need for only modest refinements in light of the U.S. Supreme Court’s Glenn decision. As background, the ...
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- ERISA Applies to Tribal Disability Plan Covering Casino Employees
- From the May 14, 2009 EBIA Weekly
- This case addresses whether a disability plan covering employees of a tribal government and casino satisfied the exemption from ERISA for governmental plans. The court held that it did not. The Pension Protection Act of 2006 (PPA) amended ERISA’...
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- Two More Circuits Change Their Standard of Review Analysis Based on Supreme Court's Glenn Decision
- From the May 07, 2009 EBIA Weekly
- The circuit courts continue to address the impact of the U.S. Supreme Court’s Glenn decision on the standard of review applicable in ERISA benefits litigation. (See our articles on Glenn at http://www.ebia.com/WeeklyArchives/ERISA/...
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- No Voluntary Plan Exemption Where Employer Determined Eligibility and Assumed Administrative Role
- From the May 07, 2009 EBIA Weekly
- After being hospitalized for depression, the employee in this case asked her employer to complete her application for short-term disability benefits. Instead, the employer terminated the employee and told her that it was not required to complete the application. ...
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- COBRA Initial Notice Provided to New Employee Within 19 Days of Becoming Covered by Group Health Plan Was Timely
- From the May 07, 2009 EBIA Weekly
- Along with several other claims asserted in this employment dispute, the employee alleged that his former employer had not provided a timely COBRA initial notice and that his enrollment date under the employer’s health plan should have occurred ...
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- Claimant Not Entitled to Review and Rebut Documents Generated in Administrative Appeal Until After Decision on Appeal
- From the April 30, 2009 EBIA Weekly
- After her claim for short-term disability benefits was denied, the claimant in this case appealed the denial under the plan’s two-level appeal process. The denial was upheld at both appeal stages. The second-level appeal denial ...
