How Can I Tell If My Benefit Plan Is Governed by ERISA?

ERISA is an acronym for the federal Employee Retirement Income Security Act of 1974. Most people have never heard of ERISA, but its comprehensiveness impacts the vast majority of American workers and their dependents. The original intent behind ERISA’s enactment was to remedy pension plan abuses; however, just prior to Congress’ passage of the ERISA law, the scope […]

9th Circ.’s Hasty UnitedHealth Reversal Is Disappointing

The COVID-19 pandemic has affected our health care system in many ways over the past two years. While much of the focus has been on vaccines and treatment, COVID-19 has also caused an increasing demand for mental health treatment, [1] including treatment for substance use disorders. [2] […]

ERISA Ruling Was Right To Seal Sensitive Records

The U.S. judicial system is admired around the world due to the openness and transparency of judicial proceedings. Courtrooms are open to the public, and the pleadings and evidence introduced in court cases are considered public records. However, there are times when access to court proceeding documents need to be balanced with the person’s rights to privacy. […]

Reimagining ERISA Civil Procedure

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. […]

The Winds of Change Are Blowing in ERISA Litigation

If you receive a benefits package from your employer in addition to your salary, there are specific laws that will apply. Those laws may limit the damages you are entitled to receive if your benefits are denied or terminated. Other legal requirements and hurdles will arise as you navigate the appeal process […]