In E.W. v. Health Net Life Ins. Co., No. 21-4110, __F.4th__, 2023 WL 8042746 (10th Cir. Nov. 21, 2023), Plaintiff-Appellant appealed the district court’s grant of summary judgment to Health Net on their ERISA benefit claim for residential treatment
Roberts Disability Law
Roberts Disability Law is a Bay Area law firm that represents California employees and insureds in disputes under the Employee Retirement Income Security Act (ERISA). The firm is particularly focused on claims for disability and life insurance benefits. Roberts Disability Law represents its clients in all stages of an insurance claim, including assistance with filing a claim, submitting a pre-litigation appeal, filing a lawsuit in federal district court, and filing an appeal in the Courts of Appeals. Roberts Disability Law is proud to be a woman- and minority-owned law firm.
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https://robertsdisability.com/
Roberts Disability Law Blogs
Latest from Roberts Disability Law
In Matter of First Impression, Second Circuit Adopts Pleading Standard for Prohibited Transaction Claims under ERISA
In Cunningham v. Cornell Univ., No. 21-114-CV, __F.4th__, 2023 WL 7504142 (2d Cir. Nov. 14, 2023), the Second Circuit decided a matter of first impression in one of several similarly filed lawsuits against fiduciaries of university 403(b) plans alleging…
District Court Overturns Unum’s Termination of Disability and Life Waiver of Premium Claims; Remands Claims to Unum to Decide Entitlement To “Any Occupation” Benefits
By Kristin Kyle
In Radmilovich v. Unum Life Ins. Co. of Am., __F.Supp.3d__, 2023 WL 7457118 (C.D. Cal. Nov. 7, 2023), California Central District Judge David O. Carter granted judgment to Plaintiff David Radmilovich under a de novo standard of review, finding…
Ninth Circuit Affirms Judgment in Favor of Unum in Lawsuit Challenging Denial of ERISA Disability Benefit Claim
In Perez v. Unum Life Insurance Company of America, No. 22-16652, 2023 WL 7675458 (9th Cir. Nov. 15, 2023), the Ninth Circuit Court of Appeals affirmed the district court’s judgment in favor of Defendant-Appellee Unum Life Insurance Company in…
Third Circuit Finds “Ridiculous” Reliance Standard’s Position that Gastroenterologist Is Not an Occupation Under Its Disability Insurance Policy
In Patrick, M.D. v. Reliance Standard Life Insurance Company, No. 21-1681, 2023 WL 7381460 (3d Cir. Nov. 8, 2023), the Third Circuit Court of Appeals affirmed the district court’s grant of summary judgment in favor of Plaintiff-Appellee Amy Patrick,…
District Court Denies Employer’s Motion to Dismiss ERISA Breach of Fiduciary Duty Claim for Misrepresentation About Life Insurance Coverage
By Kristin Kyle
In Foughty v. Cleaver-Brooks, Inc., 2023 WL 7287220 (N.D. Ga. Nov. 3, 2023), Georgia Northern District Judge Thomas W. Thrash, Jr. denied Defendant’s motion to dismiss Plaintiff’s lawsuit for breach of fiduciary duty against the employer stemming from the…
District Court Awards ERISA-Governed Life Insurance Proceeds To Decedent’s Girlfriend, Rejecting Son’s Claim of Fraud or Duress In Change of Beneficiary
By Kristin Kyle
In Metropolitan Life Insurance Company v. Muecke, et al., No. CV 22-01029, 2023 WL 7131041 (W.D. La. Oct. 30, 2023), Louisiana Western District Judge Donald E. Walter granted Defendant-in-Interpleader’s Motion for Summary Judgment and awarded to Decedent’s girlfriend the…
Third Circuit Denies Petition for Mandamus Relief from District Court’s Appointment of Special Master to Review Hartford’s Denial of Disability Benefits
In Lewis v. Hartford Life & Accident Insurance Company, No. 23-2431 (3rd Cir. Oct. 26, 2023), a dispute over long-term disability benefits, the district court appointed a Special Master to supplement the record on the issue of whether Hartford…
District Court Grants in Part and Denies in Part Cross-Motions for Judgment in ERISA Long-Term Disability Action
By Kristin Kyle
In Haag v. Unum Life Insurance Company of America, No. 22-CV-03130-TSH, 2023 WL 6960369 (N.D. Cal. Oct. 20, 2023), California Northern District Magistrate Judge Thomas S. Hixon granted in part and denied in part both parties’ motions for judgment…
Eleventh Circuit Holds ERISA Does Not Impede Multi-District Antitrust Class Settlement Between Blue Cross and Member Plans
In re Blue Cross Blue Shield Antitrust Litig. MDL 2406, No. 22-13051, __F.4th__, 2023 WL 7012247 (11th Cir. Oct. 25, 2023), is a case involving multi-district litigation (MDL) of consolidated actions brought by health insurance subscribers against Blue Cross…