Mark DeBofsky will be speaking at the American Bar Association Joint Committee on Employee Benefits Advanced ERISA Litigation program in Chicago, Illinois on October 18, 2019 on how to write and argue a successful appeal in an ERISA case.
Although mental health parity claims have been proliferating in federal courts for more than a decade, it wasn't until last year that a federal appeals court laid out pleading standards for mental health parity cases.[1] Another appellate decision has now joined the...
Many U.S. citizens and foreign nationals working abroad find themselves navigating the complex landscape of long-term disability (LTD) benefits. But does the ERISA law apply to U.S. residents living abroad or to non-U.S. residents living outside the United States? […]
Claims involving disability benefits comprise a sizable portion, if not a majority, of cases litigated under the Employee Retirement Income Security Act (ERISA). [..]
On March 15, the U.S. Court of Appeals for the Fifth Circuit withdrew its prior opinion in Cloud v. Bert Bell/Pete Rozelle NFL Player Retirement Plan[1] and replaced it with a new opinion.[2] The outcome remained the same, however. […]
Introduction The Employee Retirement Income Security Act of 1974 (ERISA) [1] directly impacts the lives of most Americans, yet few are familiar with ERISA despite its governance of pensions and retirement plans, along with other employer provided fringe benefits such...
On Jan. 29, a judge in the U.S. District Court for the District of Rhode Island recently wrote an opinion in a sort of "man bites dog" Employee Retirement Income Security Act case, Verizon Sickness & Accident Disability Benefit Plan v. Rogers.[1] Rather than the...