James Goodfellow Jr.

Seyfarth Shaw LLP

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The Ninth Circuit Addresses Whether To Enforce An Agreement To Arbitrate ERISA Claims

Seyfarth Synopsis: The Ninth Circuit declined to enforce an agreement to arbitrate ERISA Section 502(a)(2) claims, but did not rule out enforcement in other ERISA claim contexts....more

7/27/2018 / Arbitration , Arbitration Agreements , Breach of Duty , Defined Contribution Plans , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Employment Litigation , Fiduciary Duty , Putative Class Actions , University of Southern California (USC)

More Trouble For Plan Administrators In Drunk Driving Cases

The Fifth Circuit adds to the growing body of case law requiring more detailed reviews of claims for life insurance or accidental death and dismemberment benefits following accidents resulting from drunk driving....more

7/12/2018 / Car Accident , Denial of Benefits , Drunk Driving , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Insurance Litigation , Intoxication , Life Insurance , Plan Administrators , Reversal

Third Circuit Adopts Plan Friendly Interpretation Of A Mental/Nervous Limitation

Seyfarth Synopsis: In a win for ERISA plan and claims administrators, the Third Circuit has affirmed the broad enforcement of a long-term disability plan’s mental or nervous limitation period....more

3/22/2018 / Disability Benefits , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Long Term Disability Insurance

Eighth Circuit Jimmies The Lid On Pandora’s Box

Seyfarth Synopsis: In an opinion that may result in increasingly complex ERISA benefits litigation, the Eighth Circuit has allowed a breach of fiduciary duty claim premised on alleged faulty claims handling practices to...more

5/11/2017 / Aetna , Breach of Duty , Corporate Counsel , Disability Benefits , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Fiduciary Duty , Retirement Plan

Fifth Circuit: Discretionary Ban Does Not Mandate De Novo Review

In Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174 (5th Cir. Apr. 21, 2017), the Firth Circuit concluded that Texas’ ban on discretionary clauses in certain insurance policies did not require a de novo review of...more

4/28/2017 / Abuse of Discretion , De Novo Standard of Review , Discretionary Clauses , Employee Benefits , Employee Retirement Income Security Act (ERISA) , Policy Terms

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