Yesterday, the U.S. Supreme Court decided Hughes v. Nw. Univ., No. 19-1401, __S.Ct.__, 2022 WL 199351 (U.S. Jan. 24, 2022), with the opinion for the unanimous Court delivered by Justice Sotomayor (Justice Barrett took no part in the decision). This
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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Ninth Circuit Revives ERISA Claims Brought by Assignee of Healthcare Provider
In ABC Services Group, Inc. v. Aetna Health and Life Insurance Company; et al., No. 20-55821, 2022 WL 187849 (9th Cir. Jan. 20, 2022) (Before: Kleinfeld, R. Nelson, VanDyke, Circuit Judges), Plaintiff-Appellant ABC Services Group Inc., in its capacity…
Eleventh Circuit Affirms Denial of Untimely Post-Judgment Motion for New Trial
In Clark v. IBM, No. 21-13181, 2022 WL 176136 (11th Cir. Jan. 20, 2022), a suit involving a claim for ERISA-governed benefits, the district court dismissed Plaintiff-Appellant Blondell Garner Clark’s claim against IBM for failing to exhaust administrative remedies.…
Second Circuit: Pension Plan’s Amendment Reducing Benefits Applies to Pensioner Who Submitted Claim for Disability Pension Before Amendment Effective Date
Cannady v. Bd. of Trustees of the Boilermaker-Blacksmith Nat’l Pension Tr., Boilermaker-Blacksmith Nat’l Pension Tr., No. 20-3141-CV, 2022 WL 151298 (2d Cir. Jan. 18, 2022) involves a dispute over the proper calculation of pension benefits. Plaintiff-Appellant Steven Cannady appealed…
Ninth Circuit Holds Assignee of Bankrupt Healthcare Provider’s Health Benefit Claims Has Derivative Standing to Sue under ERISA
Bristol SL Holdings, Inc. v. Cigna Health & Life Ins. Co., No. 20-56122, __F.4th__, 2022 WL 129139 (9th Cir. Jan. 14, 2022) involves a dispute between Sure Haven, a now bankrupt mental healthcare treatment center, and Cigna Health and Life…
In Disability Benefit Dispute, Second Circuit Affirms Ability to Take Public Ground Transportation Is Not a Material Duty of Manager of Bond Salesmen
In Milano v. Provident Life & Casualty Insurance Company, et al., No. 21-97-CV, 2022 WL 103314 (2d Cir. Jan. 11, 2022), Plaintiff-Appellant Alfred Derf Milano appealed the district court’s judgment dismissing his suit under ERISA for long-term disability benefits.…
Sixth Circuit Finds ERISA Life Insurance Claim Time-Barred Under Clear Repudiation Rule
In D.S.S. v. Prudential Insurance Company of America, et al., No. 21-5315, 2022 WL 95165 (6th Cir. Jan. 10, 2022), a dispute over the payment of life insurance benefits, the Sixth Circuit considered the question of when an ERISA…
Eighth Circuit Revives Breach of Fiduciary Duty Claim Against MasterCard for Misrepresentations About Life Insurance Coverage
In Delker v. MasterCard Int’l, Inc., No. 20-3600, __F.4th__, 2022 WL 38468 (8th Cir. Jan. 5, 2022), the Eighth Circuit determined that Plaintiff-Appellant Edward Delker plausibly alleged a claim for breach of fiduciary duty under the Employee Retirement and…
First Circuit Affirms Denial of Accidental Death Insurance Benefits Based on Suicide Exclusion
In Alexandre v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, No. 21-1140, __F.4th__, 2022 WL 18778 (1st Cir. Jan. 3, 2022), Plaintiff-Appellant Mary Alexandre appealed the district court’s judgment upholding Defendant-Appellee National Union Fire Insurance Company’s decision to…
Ninth Circuit Interprets California Insurance Code to Require Payment of Interest on Life Insurance Benefits Only After a Claim Is Submitted
In Workman v. Dearborn National Life Insurance Company, No. 20-55182, 2021 WL 6140042 (9th Cir. Dec. 29, 2021), the Ninth Circuit considered whether the California Insurance Code requires a life insurance carrier to pay interest on unpaid death benefits…