The subject of pre-emption under the Employee Retirement Income Security Act is challenging, as illustrated by multiple Supreme Court rulings that have attempted to address pre-emption issues. The general rule is that any state law which relates to employee benefit plans is pre-empted if the law conflicts with the administration of an ERISA claim. However, […]
Federal courts of appeals have limited jurisdiction and may only hear appeals from final judgments. Recently, the 3rd U.S. Circuit Court of Appeals was called upon to decide whether it had jurisdiction to hear an appeal of a benefit case decided under the Employee Retirement Income Security Act (ERISA). Instead of entering judgment outright, the […]
Disability claims involving chronic fatigue syndrome and fibromyalgia are difficult to assess because the symptoms are self-reported and cannot be objectively verified. However, in Schnoor v. Walgreen Income Protection Plan, 2013 U.S.Dist.LEXIS 114435 (W.D.Mich. Aug. 14, 2013), the court had no difficulty seeing through a deficient claim evaluation, despite the broad deference given to the […]
Litigation often involves sensitive personal issues that parties are reluctant to publicly disclose. Often in such cases, the parties resort to filing suit under a pseudonym to protect the identity of one or both of the parties. Cases involving disability benefits inherently relate to personal and confidential medical issues, yet courts rarely permit pseudonymous filings […]
While it’s generally accepted that Employee Retirement Income Security Act benefit claimants are not entitled to jury trials, rarely does anyone question the reason why. A recent ruling from a federal court in New York, Cunningham v. Cornell University, 2018 WL 4279466 (S.D. N.Y., Sept. 6, 2018), convincingly explains why jury trials should be permitted […]
A recent ruling issued by a federal court in Oregon addressed the question of when a litigant can maintain a case anonymously or under a pseudonym. In A.G. v. Unum Life Insurance Company of America, 2018 WL 903463 (D. Ore., Feb. 14, 2018), the plaintiff, who had been an associate attorney at the law firm […]