Courts Consider Who Can Be Sued as the Defendant
A simple issue that has nonetheless confounded the courts in Employee Retirement Income Security Act (ERISA) benefits litigation is the question of who may be sued as a defendant.
Converting to cash balance plans can be tricky
Pension plans in the United States have undergone a dramatic transformation over the past 30 years. The traditional defined-benefit plan which offers an annuity for a stated amount based on salary and years of service has been virtually eliminated and replaced by defined-contribution plans, popularly known as the “401(k) plan,” where the employee contributes a […]
Claims within framework of federal civil procedure
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 […]
5 Factors Give Courts Help in Reviewing ERISA Cases
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 […]
Courts Struggle With When Limitation Periods Accrue
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.
Comparing an ERISA benefit to a payroll practice
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. […]