A recent 2d U.S. Circuit Court of Appeals ruling, Slupinski v. First Unum Life Insur. Co., 2009 U.S.App.LEXIS 1157 (Jan. 23), offers a textbook lesson on attorney’s fee awards as well as the propriety of prejudgment interest awards under ERISA.
McCauley v. First Unum Life Ins. Co., 2008 U.S.App.LEXIS 26094 (2d Cir. Dec. 24), recently issued by the 2d U.S. Circuit Court of Appeals, is the first major appellate ruling to fully appreciate the impact of Metropolitan Life Insurance Co. v. Glenn, 128 S. Ct. 2343 (2008), in evaluating benefit claim denials under ERISA. The […]
A recent health insurance case, Vaught v. Scottsdale Healthcare Corp. Health Plan, 2008 U.S.App.LEXIS 20918 (9th U.S. Circuit Court of Appeals, Sept. 29), dealt with the issue of whether medical expenses incurred in a drunken driving motorcycle accident were covered under the plaintiff’s health insurance plan.
A decision by the U.S. District Court for the District of Connecticut prevents the review of a doctor’s report in a disability case.
Employee benefits issues have occupied the courts recently and will continue to do so. Court decisions have reflected the most prevalent current economic issues, and also have addressed issues that will be decisive in the upcoming national election. For example, the debate over national health care has resulted in conflicting decisions relating to local initiatives […]
Diaz v. Prudential Ins. Co. of America, 2007 U.S.App.LEXIS 20067 (7th Cir. 8/23/2007). For the second time, the 7th U.S. Circuit Court of Appeals was called upon to untangle summary judgment rulings issued by the district court in this proceeding. In the first appeal (424 F.3d 635 (7th Cir. 2005)), the court of appeals reversed […]