The plaintiff commenced this action seeking injunctive relief under the ERISA statute after Prudential terminated her benefit claim for the third time. Perkins v. Prudential Insur. Co. of America, 417 F.Supp.2d 1149 (C.D.Cal. March 1, 2006). Perkins initially became disabled in 1997; after Prudential denied her claim, litigation resulted in an award of benefits. Another […]
It is fascinating how far Judge Richard A. Posner has come. Posner wrote the opinion in Rud v. Liberty Life Assur.Co.,438 F.3d 772 (7th Cir. 2006). However, in Van Boxel v. The Journal Co. Employees’ Pension Trust, 836 F.2d 1048, 1052 (7th Cir. 1987), he wrote:
A decision by the U.S. District Court for the Western District of Wisconsin tackled a thorny issue in ERISA law concerning church plan self-reporting.
In a very significant ruling, the 6th U.S. Circuit Court of Appeals extended several recent precedents to reject an insurer’s reviewing doctor’s findings and uphold a judgment reinstating payment of disability benefits. Evans v. Unum Provident Corp., 2006 U.S.App.LEXIS 1359 (Jan. 20, 2006). The plaintiff, a nursing-home administrator, became disabled due to a seizure disorder […]
A federal judge in Georgia recently answered the question of whether the penalties that are available under § 502(c)(1) of the Employee Retirement Income Security Act, 29 U.S.C. § 1132(c), up to $110 per day for failure to provide plan participants and beneficiaries with plan documents on request, applies to documents sought as part of an appeal made pursuant to section 503. Montgomery v. Metropolitan Life Insurance Co., 2005 U.S. Dist. LEXIS 34915 (N.D. Ga., Nov. 30).
A federal court in Virginia recently confronted a situation that arises with some degree of regularity: a judgment is entered by a court, the loser files a notice of appeal and then offers to settle the case, but imposes as a condition of the settlement that the judgment be vacated.