Last year I had the opportunity to attend a gathering of many of the ERISA litigators in Florida, both plaintiff and defense. One of the hot topics at that conference was a case known as Howard v. Hartford Life &
Florida ERISA Blog
The Florida ERISA Blog, published by Haas + Castillo PLLC, focuses on legal issues related to the Employee Retirement Income Security Act (ERISA) within Florida and the Eleventh Circuit. It covers topics such as fiduciary duties under ERISA, standards of review in benefits denial cases, discovery rules, and the interpretation of equitable relief provisions. The blog discusses recent court decisions affecting ERISA litigation, including the impact of conflicts of interest on plan administrators, the role of video surveillance in disability claims, and the scope of fiduciary responsibilities of insurance companies. It also reviews resources for ERISA practitioners and analyzes significant appellate rulings shaping ERISA case law.
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A Great Resource Book
I recently had the opportunity to review PLI’s ERISA Litigation Answer Book 2013.
If you’re new to ERISA litigation and need a quick overview of the landscape or need a handy desk reference this is a great resource. The Q…
Back in Blog
Yes, it has been a LONG time. Family health challenges have focused attention on the practice…and my family. But I am back. And a LOT has happened.
Let’s begin with the recent past. For years the courts have struggled with…
New 11th Circuit Fiduciary Duty Case
The scope of ERISA’s fiduciary duties was recently analyzed by the Eleventh Circuit in Cotton v. Massachusetts Mutual. The plaintiffs in Cotton accused the carrier of misrepresentation, fraud and promissory estoppel and sought equitable relief requiring that certain life insurance…
The Heightened Arbitrary and Capricious Standard
Long time no blog – got a bit behind with a 2-week flu bug and the game of catch up that followed.As I previously suggested the “standard of review” can drive the ultimate outcome in an ERISA benefits case. Many…
ERISA Seminar
If you’re interested in a general ERISA overview seminar consider attending the Labor and Employment Law Section’s Certification Review Course in Orlando. I’ll be giving a presentation entitled “ERISA / COBRA”. You can find the brochure here.
Standards of Review 101
The standard of review in a benefits case often drives the outcome. This was illustrated in a recent Middle District opinion: Dowling v. Metropolitan Life Insurance Co. Courts recognize three standards of review. The “pure arbitrary and capricious” standard of…