Federal judge William Conley issued a ruling on August 19, 2013 in the case of Freeland v. Unum, No. 11cv53 (opinion_and_order.pdf) finding that Unum acted arbitrarily and capriciously in terminating long-term disability payments owed to Bruce Freeland. The court determined that Unum improperly disregarded the combination of Freeland’s cardiac and psychiatric impairments, the impact of his work environment on the plaintiff’s overall medical condition, and the risk that his condition would worsen if he were to return to that work environment. The court also awarded plaintiff his attorney’s fees.

A more detailed account of the ruling will be posted in the near future.

 

Related Articles

The Importance of Judicial Standards of Review in ERISA Litigation

The Importance of Judicial Standards of Review in ERISA Litigation

Congress enacted the Employee Retirement Income Security Act (ERISA) law to protect . . . participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal Courts. […]

ERISA-Governed vs. Non-ERISA Group Benefits: Key Differences and Why They Matter

ERISA-Governed vs. Non-ERISA Group Benefits: Key Differences and Why They Matter

The Employee Retirement Income Security Act (ERISA) affects millions of Americans with employer-sponsored benefits, but most don’t know until a claim is denied. ERISA is an acronym for the Employee Retirement Income Security Act, a law passed by Congress in 1974. The primary intent behind ERISA was to protect employees’ retirement benefits. [..]

ERISA Venue Provisions: Where Can You File Your Benefits Lawsuit?

ERISA Venue Provisions: Where Can You File Your Benefits Lawsuit?

The Employee Retirement Income Security Act of 1974 (ERISA) governs private sector employee benefits plans, including retirement, disability, and health plans. One of the key aspects of ERISA litigation is the question of venue — where participants or beneficiaries file their lawsuits when they believe their plan rights are violated. […]