This month’s Friday Five addresses cases covering ERISA preemption, the viability of a claim for benefits where the claimant alleges to have not received notice of a prior claim denial, an affirmance by the Circuit Court of a...more
This month’s Friday Five discusses cases addressing the effect of continuing to receive benefits during the period of alleged disability, reliance on an employer’s records in making a disability determination, the...more
This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and...more
2/2/2024
/ Attorney's Fees ,
Denial of Benefits ,
Disabilities ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Insurance Industry ,
Life Insurance ,
Long Term Disability Insurance ,
Overpayment ,
Transfer of Venue
Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain...more
A spate of lawsuits across the country has targeted companies that use website tracking and analytics tools, claiming they are violating prohibitions against illegal wiretaps. In a recent precedential decision, the Third...more
The Department of Justice (“DOJ”) published, on March 18, 2022, new “Guidance on Web Accessibility and the ADA” (the “Guidance”). For colleges and universities, the Guidance offers some help as to how to best satisfy their...more
Recap: How We Got Here - Over the past three years there have been seismic shifts in the landscape of college sports, and these authors forecast even more change on the horizon. ...more
The Senate Committee on Commerce, Science, and Transportation held two hearings this June to address federal legislative proposals that would enable college athletes to monetize their name, image, and likeness (“NIL”)....more
There has been a flurry of activity in the name, image, likeness (“NIL”) arena over the past several months. We previously discussed the NCAA’s about-face decision to permit student-athlete compensation, as well as related...more
On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more
In May 2019, the NCAA Board of Governors created a Working Group to investigate responses to proposed state and federal legislation relating to student-athletes’ ability to be compensated for use of their name, image, or...more
On January 16, 2020, the Department of Education (the “Department”) issued a notice of proposed rulemaking (“NPRM”) with the stated aim of implementing at colleges and universities certain Trump administration initiatives...more
In a seeming about-face, the NCAA’s governing board voted unanimously on October 29, 2019 to allow college athletes to be compensated for the use of their name, image, and likeness (“NIL”)....more
Should relators rejoice? The Supreme Court may have put to rest the vast uncertainty surrounding the applicable statute of limitations in False Claim Act (“FCA”) suits where the government declines to intervene with its...more
On August 29, 2008, Ronald Jackson (Jackson) caused a multi-vehicle collision. He later died from his injuries. At the time of the collision, First Acceptance Insurance Company of Georgia Inc. (First Acceptance) insured...more
Skinner v. Horace Mann Ins. Co., No. 4:18-CV-00922-RBH, 2019 WL 935243 (D.S.C. Feb. 26, 2019) -
Plaintiff Annie Skinner (Skinner) allegedly suffered severe injuries and extensive property damage as a result of a February...more
Mariano and Joanne Mattei filed a complaint in the Court of Common Pleas of Philadelphia County against Liberty Mutual and the claims adjuster assigned to Mariano Mattei’s claim for coverage relating to a 2015 motor vehicle...more
Lawrence Proctor submitted a claim to GEICO for damage to his RV that he claimed was caused by a January 6, 2015 motor vehicle accident. Proctor’s policy provided compensation for either the actual cash value of the damage...more
The U.S. Supreme Court recently granted cert to resolve a circuit split deepened by the Eleventh Circuit’s holding that the statute of limitations period for False Claims Act (FCA) suits runs from the date the government...more