Civil Procedure

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Discovery in ERISA cases

DeBofsky Sherman Casciari Reynolds P.C. recently received a ruling from Judge Robert Dow, Jr. of the U.S. District Court for the Northern District of Illinois in Harding v. Hartford Life and Accident Insurance Company, 2017 WL 1316264 (N.D. Ill. April 10, 2017), which thoughtfully analyzed the scope of  available discovery in an ERISA action adjudicated under the de […]

Can a discounted premium bill create an ERISA plan?

The recent case of Gooden v. Unum Life Ins. Co. of Am., 2016 WL 3059752 (E.D. Tenn. March 30, 2016) involved a familiar scenario – whether a “list bill” arrangement constitutes an ERISA plan. The plaintiff was a physician who worked for a clinic in Florida between 1987 and 2007. In 1991, an insurance broker […]

What is “appropriate equitable relief”?

The ERISA statute contains a provision that permits a large universe of potential claimants to seek “appropriate equitable relief.”  29 U.S.C. Sec. 1132(a)(3).  Over a series of rulings the Supreme Court has wrestled with the meaning of that term. Historically, courts of equity were limited in the remedies they could provide litigants who came before […]