An interpleader is a civil action filed by a “stakeholder,” often a life insurance company, that is facing competing claims over benefits that are due. To avoid the risk of having to pay twice, the stakeholder can initiate an interpleader lawsuit against the competing claimants in order for the rightful claimant to establish their entitlement […]
Claimants seeking benefits brought under the Employee Retirement Income Security Act (“ERISA”) have been authorized to bring a “civil action” to seek redress. Although the term “civil action” is supposed to have identical meaning under the Federal Rules of Civil Procedure regardless of the type of claim being brought, ERISA claim litigation differs dramatically from ordinary civil procedure. […]
With the exception of highly sensitive national security matters, as well as juvenile justice proceedings, courtrooms in the United States are open to the public. In addition to attending trials and hearings, all court filings are also accessible to anyone […]
Is exhaustion of administrative remedies in challenging Employee Retirement Income Security Act-governed benefit denials required as a precondition to filing a lawsuit? A concurring opinion in Wallace v. Oakwood Healthcare Inc.[1] by U.S. Circuit Judge Amul Thapar of the Sixth Circuit raises provocative questions about the administrative exhaustion doctrine in ERISA cases and suggests that other […]
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, […]
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 […]