The Seventh Circuit Court of Appeals recently decided Canter v. AT&T Umbrella Benefit Plan No. 3, No. 21-1514, 2022 WL 1485191 (7th Cir. May 11, 2022). In this case, Plaintiff-Appellant Craig Canter worked as a premises technician for Illinois
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Eighth Circuit: Life Insurer Breached ERISA Fiduciary Duties by Maintaining Faulty Enrollment System
In Skelton v. Radisson Hotel Bloomington, No. 21-2641, __F.4th__, 2022 WL 1434778 (8th Cir. May 6, 2022), Plaintiff-Appellee Corey Skelton sued his deceased wife’s employer, Davidson Hotels LLC, and its life and long-term disability carrier, Defendant-Appellant Reliance Standard Life…
Sixth Circuit Finds ERISA Section 502(a)(2) Claims Not Subject to Arbitration Provision in Employment Agreement
In Hawkins v. Cintas Corp., No. 21-3156, __F.4th__, 2022 WL 1236954 (6th Cir. Apr. 27, 2022), a case involving issues of first impression for the Sixth Circuit Court of Appeals, the court held that ERISA § 502(a)(2) claims brought…
Second Circuit: HHS Rule Regarding Individual Out-of-Pocket Limits Under ACA Does Not Apply to Pre-2016 Health Insurance Plans
In Fisher v. Aetna Life Ins. Co., No. 20-3148, __F.4th__, 2022 WL 1193999 (2d Cir. Apr. 22, 2022), the Second Circuit considered three separate but related appeals concerning Plaintiff-Appellant Jacqueline Fisher’s lawsuits against Aetna Life Insurance Company for coverage of…
Fourth Circuit Affirms Denial of Health Coverage for Spinal Surgery as Arbitrary and Capricious
In Garner v. Cent. States, Se. & Sw. Areas Health & Welfare Fund Active Plan, No. 21-1602, __F.4th__, 2022 WL 1160386 (4th Cir. Apr. 20, 2022), the Fourth Circuit affirmed the district court’s grant of summary judgment to Plaintiff-Appellee…
Ninth Circuit Revives ERISA Excessive Fees Suit Against Trader Joe’s Company
Just a week after reviving ERISA breach of fiduciary duty claims against Salesforce, the Ninth Circuit revived an excessive fees case against Trader Joe’s Company in Kong, et al. v. Trader Joe’s Company, et al., No. 20-56415, 2022 WL…
Sixth Circuit Revives Breach of Fiduciary Duty Claim Against Wal-Mart for Alleged Mishandling of Insurance Plan Assets
The Sixth Circuit Court of Appeals recently decided, Chelf v. Prudential Ins. Co. of Am., No. 20-6097, __F.4th__, 2022 WL 1090168 (6th Cir. Apr. 12, 2022), which revived a breach of fiduciary duty claim under ERISA Section 502(a)(3) against…
Seventh Circuit: Raise Effective One Day After Lawyer’s Heart Attack Is Excluded from Disability Benefit Calculation
The Seventh Circuit recently resolved a dispute over long-term disability (“LTD”) benefits in Ten Pas v. Lincoln Nat’l Life Ins. Co., No. 20-1259, __F.4th__, 2022 WL 1074533 (7th Cir. Apr. 11, 2022). At the district court, Plaintiff-Appellee Harlan Ten…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim Against Salesforce for 401(k) Plan Investments
In Davis, et al. v. Salesforce.com, Inc., et al., No. 21-15867, 2022 WL 1055557 (9th Cir. Apr. 8, 2022), Plaintiffs-Appellants alleged that Defendants breached their ERISA duty of prudence with respect to the management of the Salesforce 401(k) Plan…
Third Circuit Follows Sister Circuits in Defining “Employer” under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA)
In Supor & Son Trucking & Rigging Co. v. Trucking Emps. of N. Jersey Welfare Fund, No. 20-3286, 2022 WL 1010057 (3d Cir. Apr. 5, 2022), involving a matter of first impression, the Third Circuit joined its sister circuits in…