What Is ERISA?
ERISA, an acronym for the Employee Retirement Income Security Act of 1974,1 is one of the most important federal laws ever passed by Congress, but hardly anyone knows what it is or what it does. […]
ERISA Ruling Shows Lax Enrollment Practices Can Be Costly
A life insurance decision issued by the U.S. Court of Appeals for the Eighth Circuit may be summed up by quoting a single sentence from the opinion: “Misleading an [Employee Retirement Income Security Act]-plan participant has consequences.” Skelton v. Reliance Standard Life Insurance Co.[1] teaches how lax benefit enrollment practices can be costly. […]
4th Circ. ERISA Ruling Shows Plan Discretion Is Not Limitless
A recent ruling from the U.S. Court of Appeals for the Fourth Circuit made it clear that the Employee Retirement Income Security Act’s deferential review standard is not a rubber stamp of claim determination made by
benefit plans. […]
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. […]