All civil actions brought in the federal courts are governed by the Federal Rules of Civil Procedure1 For decades, though, courts have fashioned unique civil procedures for ERISA cases that have limited the availability of trials, the right of litigants to take discovery, and courts have even created a means of disposing of litigation that deviates from the requirement that courts are to issue final judgments of conclusive character. […]
On Aug. 22, the U.S. Court of Appeals for the Ninth Circuit issued its third opinion in Wit v. United Behavioral Health, vacating its January opinion, which itself replaced an earlier memorandum disposition.[1] […]
Many employers offer robust benefits packages in addition to monetary compensation. Those benefits can be critical to ensuring your family’s health and financial security. If your benefits claim has been denied, it is essential to understand the applicable laws and damages available in litigation. […]
We are pleased to announce that Marie E. Casciari of DeBofsky Law will be presenting at the Practising Law Institute’s (PLI) “The Evolving Landscape of Health and Welfare Benefits and ERISA Fiduciary Rules 2023” seminar on “2023 Health and Welfare Litigation Updates.” This hybrid event will be held in Chicago on October 30, 2023, but also offers the opportunity to participate online. […]
Individuals seeking disability, life, accidental death, or even health benefits under employer-sponsored group benefit plans governed by the Employee Retirement Income Security Act (ERISA) may have their claims thwarted due to what is known as either the “arbitrary and capricious” or “abuse of discretion” standard of judicial review. […]