One of the unique aspects of litigation under the Employee Retirement Income Security Act is that most courts limit the scope of their review to the claim record compiled during the course of the claim and prelitigation appeals and will not address new evidence that was not previously considered. […]
A recent Law360 guest article argued that discretionary clauses in employee benefit plans governed by the Employee Retirement Income Security Act serve a valuable function, and that if efforts to prohibit their inclusion are successful, the statute would be undermined […]
Marie E. Casciari, has organized and will be a speaker at the upcoming ABA JCEB ERISA Basics Virtual National Institute to be hosted on October 1, 3 & 7, 2022 […]
Our Founder, Mark DeBofsky will be speaking at an upcoming ABA webinar on the The Ever-Evolving Standard of Review in ERISA Health and Disability Litigation on October 29, 2922 […]
Personal injury lawyers are frequently faced with lien claims against their clients’ recoveries brought by health insurers, union welfare funds, and other health benefit plans. Those plans fall within ERISA’s scope as “welfare plans” which are defined […]
What is an accident? When it comes to accidental death insurance, that question is often difficult to answer. However, the U.S. Court of Appeals for the Ninth Circuit offered its thoughts on the question in Wolf v. Life Insurance Co. of North America […]