Although the Federal Rules of Civil Procedure are all-encompassing when it comes to civil matters adjudicated in federal court, when it comes to employee benefit cases brought under the Employee Retirement Income Security Act (ERISA) statute, 29 U.S.C. § 1132(a), courts often set aside basic federal civil procedure. The recent 2nd U.S. Circuit Court of […]
A recent ruling from the 9th U.S. Circuit Court of Appeals illustrates the difficulty courts have in assessing claims involving medical conditions such as chronic fatigue syndrome. Salomaa v. Honda Long Term Disability Plan, 2011 U.S.App.LEXIS 4386 (9th Cir. March 7, 2011) involved a longtime employee of Honda, Samuel Salomaa, who was described by his […]
Because the Employee Retirement Income Security Act (ERISA) statute lacks a specific limitation provision applicable to benefit claims, but the courts nonetheless enforce contractual limitations periods incorporated in benefit plans, courts frequently struggle with the question of when limitations periods accrue.
A recent ruling from a federal court in Texas illustrates the difference between an ERISA welfare benefit and a payroll practice. While the former is subject to federal law, disputes arising in relation to payroll practices belong in state court. In Monkhouse v. Stanley Associates, Inc. Short Term Disability Income Plan, 2010 U.S.Dist.LEXIS 40555 (S.D.Tex. […]
The application of contractual periods of limitation that shorten the statutory limitation period during which suit can be brought continues to be a hot topic of litigation in ERISA claims. Scharff v. Raytheon Company Short Term Disability Plan, 2009 U.S.App.LEXIS 20130 (Sept. 9), is the most recent example, and offers a cautionary lesson to benefit claimants.
A recent ruling from the 6th U.S. Circuit Court of Appeals, Rice v. Jefferson Pilot Financial Ins. Co., 2009 U.S.App.LEXIS 18962 (Aug. 24), explains the operation of contractual limitations periods in disability policies in a way that offers instruction and certainty to litigants facing similar issues. The plaintiff, Jerry Rice, alleged he became disabled in […]