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In Earle v. Unum Life Ins. Co. of Am., No. 20-55868, 2021 WL 4871785 (9th Cir. Oct. 19, 2021), a short unpublished opinion, the Ninth Circuit affirmed the district court’s determination that Unum Life Insurance Company of America correctly
Continue Reading Ninth Circuit Affirms Denial of AD&D Benefits Due to Substantial Contribution of Preexisting Medical Condition

Yesterday, the Fifth Circuit Court of Appeals issued a decision in Talasek v. Nat’l Oilwell Varco, L.P., No. 21-20069, __F.4th__, 2021 WL 4860133 (5th Cir. Oct. 19, 2021), a matter involving a denial of ERISA-governed life insurance benefits.
Plaintiff-Appellant
Continue Reading Fifth Circuit Affirms Dismissal of ERISA Plan Beneficiary’s Estoppel Claim Over Supplemental Life Insurance Benefits

Martinez v. Standard Ins. Co., No. 20-10475, 2021 WL 4592430 (5th Cir. Oct. 5, 2021) involves a claim for long-term disability benefits under an ERISA-governed benefit plan. Defendant Standard Insurance Company appealed the district court’s determination that Standard waived
Continue Reading Fifth Circuit Finds Standard Insurance Company Did Not Waive Right to Decide “Any Occupation” Disability Benefit Claim

Sofco Erectors, Inc. v. Trustees of Ohio Operating Engineers Pension Fund, No. 20-3639, __F.4th__, 2021 WL 4434226 (6th Cir. Sept. 28, 2021) is a dispute involving the payment of withdrawal liability to a multiemployer pension plan under ERISA. After Sofco
Continue Reading Sixth Circuit Vacates Withdrawal Liability Award for Redetermination of Interest Rate and Assessment of Partial-Withdrawal Liability

In Warmenhoven v. NetApp, Inc., No. 19-16960, __F.4th__, 2021 WL 4143107 (9th Cir. Sept. 13, 2021), Defendant-Appellee NetApp promised Plaintiff-Appellant Daniel Warmenhoven and other executives lifetime medical benefits under the NetApp Executive Medical Retirement Plan (“the Plan”). After Warmenhoven
Continue Reading Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim for Company’s Misrepresentation of Lifetime Health Benefits

In Smith v. Bd. of Directors of Triad Mfg., Inc., No. 20-2708, __F.4th__, 2021 WL 4129456 (7th Cir. Sept. 10, 2021), Plaintiff-Appellee James Smith sued the fiduciaries of the Triad’s Employee Stock Ownership Plan (the “ESOP” or “Plan”), a
Continue Reading Seventh Circuit Holds ERISA Claims Are Arbitrable but Arbitration Provision Forbidding Plan-Wide Relief Is Unenforceable