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Employee Retirement Income Security Act (ERISA) › Judicial Review

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on

Fourth Circuit Holds That Class Action Waiver Issue Must Be Decided Before Certification and Questions Narrow Issue Classes - In In re Marriott International, Inc., 78 F.4th 677 (4th Cir. 2023), a panel of the U.S. Court...more

Proskauer - Employee Benefits & Executive...

Fifth Circuit Rules that DOL Advisory Opinion Is Subject to Judicial Review and Invalidates DOL Advisory Opinion on Health...

Proskauer - Employee Benefits & Executive... on

On August 17, 2022, the U.S. Court of Appeals for the Fifth Circuit held that a Department of Labor (“DOL”) advisory opinion, which found that an insurance plan was not governed by ERISA, was unenforceable under the...more

Seyfarth Shaw LLP

How to Minimize Judicial Review of ERISA Fiduciary Decisions

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Seyfarth Synopsis:  The courts have stated that their review of fiduciary decisions is both exacting and deferential.  A recent decision from the Court of Appeals for the Seventh Circuit offers help to ERISA benefit...more

Seyfarth Shaw LLP

The 10th Circuit’s New Interpretation of What is Mandated under ERISA’s Notice Requirements May have Far Reaching Effects On Plan...

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent 10th Circuit decision holding that in order for the abuse of discretion standard to apply in litigation the claims administrator must provide participants with actual notice of discretionary...more

Faegre Drinker Biddle & Reath LLP

The United States Supreme Court Granted Review in 3 Cases This Past Week

Faegre Drinker Biddle & Reath LLP on

Rutledge v. Pharmaceutical Care Management Ass’n, No. 18-540. Most states have enacted legislation regulating “pharmacy benefit managers”— businesses that act as middlemen between health insurers and pharmacies, earning...more

Dorsey & Whitney LLP

The Supreme Court - January 13, 2020

Dorsey & Whitney LLP on

On Friday afternoon, the Supreme Court of the United States granted certiorari in three cases: Barr v. Political Consultants, et al., No. 19-631: Whether the government-debt exception to the Telephone Consumer Protection...more

Robinson+Cole ERISA Claim Defense Blog

Remand Directing Change in Standard of Judicial Review Is Not Sufficient Success on the Merits to Support Attorneys’ Fee Award

Robinson+Cole ERISA Claim Defense Blog on

In Ariana M. v. Humana Health Plan of Texas, Inc., No. 18-20700, 2019 WL 5866677 (5th Cir. Nov. 8, 2019), the Fifth Circuit Court of Appeals rejected a plaintiff’s petition for attorneys’ fees under 29 U.S.C. § 1132(g).  This...more

Eversheds Sutherland (US) LLP

Kisor v. Wilkie and judicial deference to agency determinations—Are there implications for employee benefits litigation and the...

Eversheds Sutherland (US) LLP on

In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other...more

Fisher Phillips

ERISA Plan Can't Shrink Deadlines Without Providing Notice, Says 3rd Circuit Court of Appeals

Fisher Phillips on

The 3rd Circuit Court of Appeals just ruled that an ERISA plan can’t shorten the deadline for filing a legal action challenging a denial of benefits unless the participant receives written communication of the plan’s altered...more

Epstein Becker & Green

Considerations for Employee Benefit Programs That Benefit Employers and Employees

Epstein Becker & Green on

Employers must compete in the marketplace for talented employees at every level—both in recruitment and retention. It is thus in employers’ best interests to provide employee benefit plans that are attractive to employees and...more

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