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Employee Retirement Income Security Act (ERISA) › Wrongful Termination

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - December 2023

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This month’s Friday Five explores a decision ordering an IME prior to a ruling on summary judgment motions, the extent claims reporting records can be sealed, the scope of ERISA preemption in the context of removal, and two...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Court Rules LTD Benefits Properly Terminated After Plaintiff Failed to Undergo Recommended Surgery for...

Hinshaw & Culbertson LLP on

In Hall v. Aetna Life Ins. Co., 2021 U.S. Dist. LEXIS 117331 (N.D. Cal. June 23, 2021), a California district court held that an ERISA claim administrator properly terminated long-term disability (LTD) benefits after the...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights – December 2020

Saul Ewing LLP on

This month’s Friday Five covers recent cases addressing: (1) the validity of a judgment that includes retroactive “any occupation” benefits where no administrative determination on those benefits has been made; (2) the...more

Seyfarth Shaw LLP

California Appellate Court Affirms Broad Scope of ERISA Preemption in State Law Privacy Case

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Seyfarth Synopsis: In an unpublished yet fascinating decision, the California Court of Appeal held that ERISA § 514 preempts state law causes of action premised on wrongful disclosure of protected private health information....more

Proskauer - California Employment Law

California Employment Law Notes - January 2018

Proskauer - California Employment Law on

Trial Court Erroneously Granted Bill Cosby's Anti-SLAPP Motion - Dickinson v. Cosby, 17 Cal. App. 5th 655 (2017) - After Janice Dickinson went public with her accusations of rape against Bill Cosby, Cosby's attorney...more

Stinson - Benefits Notes Blog

Owner/Trustee of 401(k) Plan Accused of Having Eyes Wide Shut on Fiduciary Duties

Stinson - Benefits Notes Blog on

Last June I blogged about the trend of participant fee class actions moving down to smaller 401(k) Plans. Occasionally, class actions are brought based on other breaches of fiduciary duties, particularly those involving...more

Proskauer - Employee Benefits & Executive...

ERISA Section 510 Interference Claim Time Barred

Proskauer - Employee Benefits & Executive... on

A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as...more

Seyfarth Shaw LLP

Don’t Be a Menace to South Central (Houston Action Council) When Your ERISA Claim Is No Good

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recent decision district court ruling affirms that in a benefit discrimination claim, just as in a typical claim of employment discrimination, to survive summary judgment a plaintiff must demonstrate that...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Affirms Dismissal of ERISA Section 510 Claim

Proskauer - Employee Benefits & Executive... on

The Ninth Circuit affirmed the dismissal on summary judgment of Plaintiff Rosemarie Cole’s claim that her employer, Permanente Medical Group, interfered with her receipt of pension benefits in violation of ERISA § 510....more

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