What Is ERISA Preemption and How Does ERISA Affect My Employee Benefits
The Employee Retirement Income Security Act (ERISA) is a comprehensive federal law that governs employer-sponsored fringe benefits. […]
Can I Recover Attorneys’ Fees Under ERISA?
The general rule in the United States, which is known as the “American Rule,” is that each party to a legal dispute is required to pay their own legal fees. […]
Understanding Employee Benefits Law & ERISA with Expert Mark DeBofsky
Some areas of law are tricky and need special attention, and employee benefits law is one of them. It’s a field that affects many people but often doesn’t get the spotlight it deserves. In an eye-opening episode of “15 Minutes,” host Bela Musits talks with expert attorney Mark DeBofsky, ERISA expert and founder of DeBofsky Law. […]
Wilderness Therapy Ruling May Deter Broad Policy Exclusions
A recent ruling issued by the U.S. District Court for the District of Utah in M.A. v. United Healthcare Insurance rejected an insurer’s blanket exclusion of coverage for wilderness therapy. […]
Demystifying Insurance Companies: Understanding Your Rights and Our Expertise
Most employee benefit claims involving long-term disability are insured by disability insurance companies. As a result of industry consolidation, there are now only a handful of long-term disability insurers that underwrite group long-term disability insurance. […]
ERISA Litigation Is a Hot Mess – What Can Be Done?
All civil actions brought in the federal courts are governed by the Federal Rules of Civil Procedure1 For decades, though, courts have fashioned unique civil procedures for ERISA cases that have limited the availability of trials, the right of litigants to take discovery, and courts have even created a means of disposing of litigation that deviates from the requirement that courts are to issue final judgments of conclusive character. […]