In Iravani v. Unum Life Insurance Company of America, No. 21-CV-09895-HSG, 2023 WL 6048785 (N.D. Cal. Sept. 15, 2023), California Northern District Judge Haywood S. Gilliam, Jr. granted judgment to Plaintiff under a de novo standard of review, finding
Roberts Disability Law Blog
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Ninth Circuit Affirms Denial of ERISA Attorneys’ Fees to Plaintiff Who Achieved a Remand to the Plan Administrator but Did Not Prevail After the Remand
Plaintiff-Appellant Michael Alves challenged Sedgwick’s termination of his short-term disability benefits and denial of his application for long-term disability benefits under the Hewlett-Packard Comprehensive Welfare Benefits Plan. The district court, Judge R. Gary Klausner, granted judgment to the Plan. On…
District Court Finds AT&T Self-Funded Disability Plan Abused Its Discretion In Denying Software Engineer’s Long-Term Disability Claim
By Kristin Kyle
In a firm victory, Chacko v. AT&T Umbrella Benefit Plan No. 3, No. 2:19-CV-01837-DAD-DB, __F.Supp.3d__, 2023 WL 5806455 (E.D. Cal. Sept. 7, 2023), expertly litigated by our own Michelle Roberts, California Eastern District Judge Dale Drozd granted judgment to…
Departing from Prior Panel Decisions, Fourth Circuit Holds Surcharge Remedy Is Not Equitable Relief Available under ERISA
In Rose v. PSA Airlines, Inc., No. 21-2207, __F.4th__, 2023 WL 5839282 (4th Cir. Sept. 12, 2023), a dispute involving the wrongful denial of a health insurance claim, the Fourth Circuit answered the question of whether and under what…
District Court Denies Plaintiff Ongoing ERISA Disability Benefits for Failure to Provide Proof of Loss
By Kristin Kyle
In Card v. Principal Life Insurance Company, No. CV 5:15-139-KKC, 2023 WL 5706202 (E.D. Ky. Sept. 5, 2023), Kentucky Eastern District Judge Karen Caldwell granted judgment in part to Plaintiff under the arbitrary and capricious standard of review and…
Tenth Circuit Adopts Eighth Circuit Pleading Standard for ERISA Breach of Fiduciary Cases Alleging Imprudent Investments
In Matney v. Barrick Gold of N. Am., No. 22-4045, __F.4th__, 2023 WL 5731996 (10th Cir. Sept. 6, 2023), a putative class action against Barrick Gold of North America, its Board, and Benefits Committee for breach of fiduciary duty and…
District Court Finds Choice of Law Provision in AD&D Policy Trumps California Law Banning Discretionary Authority in Life Insurance Policies
By Kristin Kyle
In White v. Guardian Life Insurance Company, et al., No. 22-CV-1788-L-KSC, 2023 WL 5519315 (S.D. Cal. Aug. 25, 2023), California Southern District Judge M. James Lorenz denied Plaintiff’s motion to establish de novo as the applicable standard of review…
Seventh Circuit Reverses District Court for Not Properly Considering ERISA Claimant’s Ability to Perform Occupation Due to Sitting and Cognitive Limitations
In Scanlon v. Life Insurance Co. of North America, No. 22-1121 (7th Cir. Aug. 31, 2023), a matter involving a dispute over the denial of ERISA-governed long-term disability benefits, the Seventh Circuit Court of Appeals reversed the district court’s…
District Court Finds That Hartford Improperly Denied Long-Term Disability Benefits to Amazon.com Employee Disabled After On-The-Job Lumbar Fracture
By Kristin Kyle
In Sund v. Hartford Life & Accident Ins. Co., No. 21-CV-05218-JST, 2023 WL 5181624 (N.D. Cal. Aug. 11, 2023) California Northern District Judge Jon S. Tigar granted judgment to Plaintiff finding on de novo review that Plaintiff demonstrated by…
Take Three: Ninth Circuit Reverses Class Win Against United Behavioral Health
On March 22, 2022, the Ninth Circuit issued an unpublished memorandum in this matter at Wit v. United Behav. Health, No. 20-17363, 2022 WL 850647 (9th Cir. Mar. 22, 2022), opinion withdrawn on denial of reh’g, No. 20-17363, 2023 WL…