Erisalitigationadvisor.com

When Is An Insurance Policy Not An ERISA Plan

WebNo. 21-1256 (N.D. Ill. Mar. 8, 2022), provides some guidance into what kinds of arrangements may not constitute an ERISA plan. The plaintiff in Till visited a hospital …

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URL: https://www.erisalitigationadvisor.com/2022/04/articles/when-is-an-insurance-policy-not-an-erisa-plan/

Group Health Plan ERISA Litigation Advisor

WebIs a new wave of ERISA fiduciary litigation targeting group health plan sponsors on the horizon? There have already been a few examples of health plan fee …

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Novel ERISA Preemption Questions Presented by U.S. Supreme …

WebThe U.S. Supreme Court’s opinion in Dobbs v.Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v.Wade and Planned …

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Administrative Exhaustion Is Required Even When Not Mentioned …

WebThe Eastern District of Missouri recently examined whether administrative exhaustion is a prerequisite to an ERISA suit alleging a wrongful denial of employee …

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District Court Rejects Reasonableness Requirement for “Actuarial

WebOn March 4, 2022, the District Court for the District of Massachusetts dismissed, pursuant to Fed. R. Civ. P. 56, ERISA claims brought by a former employee who retired early at the …

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Ads Related to Health Plan Fees Raise Questions on the Next …

WebIs a new wave of ERISA fiduciary litigation targeting group health plan sponsors on the horizon? There have already been a few examples of health plan fee …

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Eighth Circuit Rules on ERISA’s “Church Plan” Exemption

WebBackground. On March 27, 2020, the Eighth Circuit in Sanzone v.Mercy Health, 2020 U.S. App. LEXIS 9537 (8 th Cir. March 27, 2020), ruled on several key issues on the “church …

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ERISA Litigation Advisor Jackson Lewis Law Firm

WebThe Fourth Circuit affirmed Aon Hewitt Investment Consulting’s trial victory in a 250,000-member class action suit alleging that Aon breached ERISA’s fiduciary duties.. Aon was …

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Universal Health Loses Appeal to Undo 60,000-Person Class in …

WebThe Third Circuit Court of Appeals recently held that as the plan fiduciary of Universal’s defined contribution plan, Universal Health Services Inc. and its plan …

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Successor Liability Claims Found Insufficient to Establish Federal

WebRobert R. Perry is a principal in the New York City, New York, office of Jackson Lewis P.C. He has more than 20 years of experience in the area of employee …

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No Surprises Act ERISA Litigation Advisor

WebIn December 2020, Congress passed the “No Surprises Act” (NSA) as part of the Consolidated Appropriations Act of 2021. The NSA applies most commonly in situations …

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Second Circuit Revives Share-Class Claim in NYU Retirement Plan …

WebIn Sacerdote v.New York University, a class of university employees who participated in Defendant’s 403(b) plans brought ERISA breach of fiduciary duty claims …

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Federal Court Enforces DOL Subpoena Seeking Information about …

WebShortly after the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) issued its cybersecurity guidance for employee …

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6th Circuit Tosses ERISA Fiduciary Breach Claims

WebAnd as to the management fees, the Court opined that this claim was merely a recast of the active vs. passive fund claim, iterating that higher investment fees alone …

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Third Circuit to Consider Class Certification Issues Percolating in

WebThe Third Circuit will review a Pennsylvania district court’s decision to certify a 60,000+ person class in an ERISA fiduciary breach lawsuit claiming mismanagement …

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United States District Court Dismisses 401(k) Plan Recordkeeper …

WebLauren Hope Whiting is an associate in the Austin, Texas, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, …

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Eighth Circuit: Procedural Irregularity Not a “Gateway” to De Novo

WebIn McIntyre v.Reliance Standard Life Insurance Company, 972 F.3d 955 (8th Cir. 2020), the United States Court of Appeals for the Eighth Circuit clarified the standard …

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Seventh Circuit Revives State Law Claims Against Executives Acting …

WebThe Seventh Circuit ruled recently that ERISA does not preempt certain state law claims against directors and officers because ERISA’s text and purpose contemplate …

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BlackRock 401 (k) Plan Class Action Headed for Trial

WebPosted in 401 (k), ERISA. A class action alleging that BlackRock entities favored their own proprietary funds when selecting investment options for BlackRock’s …

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