A recent ruling from Texas discussed a vexing issue that often arises in benefit claim litigation brought under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. In Franklin v. AT&T Corp., 2008 U.S.Dist.LEXIS 99128 (N.D.Tex. Dec. 9), Metropolitan Life Insurance Company, which administers AT&T’s long-term disability plan, sought dismissal from a […]
A federal court in Nevada recently issued findings of fact and conclusions of law denying a motion for a new trial in Merrick v. Paul Revere Life Ins.Co., No. CV-S-00-0731-JCM-RJJ (D.Nev. Nov. 17), where a jury returned a bad faith verdict against Paul Revere Life and its parent corporation, Unum Provident, in the sum of […]
The 4th U.S. Circuit Court of Appeals recently issued an instructive, albeit unpublished ruling, in Gorski v. ITT Long Term Disability Plan, 2008 U.S.App.LEXIS 22904 (4th Cir. Nov. 3, 2008) (unpublished), which points to a new way of evaluating disability benefit denials under the abuse of discretion standard. The plaintiff, who had undergone back surgery […]
In Wright v. Raytheon Co. Short Term Disability Plan, 2008 U.S.Dist.LEXIS 81951 (Sept. 17), a district court in Arizona thoughtfully applied Metropolitan Life v. Glenn, 128 S.Ct. 2343 (2008), to find that MetLife acted under a conflict of interest when it denied Alan Wright’s disability claim. The plaintiff, who had undergone heart bypass surgery, suffered […]
A recent health insurance case, Vaught v. Scottsdale Healthcare Corp. Health Plan, 2008 U.S.App.LEXIS 20918 (9th U.S. Circuit Court of Appeals, Sept. 29), dealt with the issue of whether medical expenses incurred in a drunken driving motorcycle accident were covered under the plaintiff’s health insurance plan.
The case of Pannebecker v. Liberty Life Assurance Company of Boston, 2008 U.S.App.LEXIS 19753 (9th Cir., Sept. 18), involved the question of whether, in assessing a claimant’s ability to work at ”any occupation,” the individual’s pre-disability earnings and station in life have to be taken into consideration. This claim arose in 1996 when Nancy J. […]
A decision from the Seventh Circuit Court of Appeals shows that courts are taking a more nuanced approach to evaluating claims for disability benefits.
A federal appeals court recently examined the issue of when attorney fees are properly awarded in cases brought under the Employee Retirement Income Security Act.
Although couched in a ruling on a motion to reconsider an order compelling MetLife to respond to plaintiff’s discovery requests, a recent thoughtful opinion in Hogan-Cross v. Metropolitan Life Ins.Co., 2008 U.S.Dist.LEXIS 58027 (S.D.N.Y. July 31), a disability benefit dispute, explains the paradigm shift in ERISA litigation created by a recent Supreme Court ruling. Judge […]
In a recent Social Security disability ruling, the 7th U.S. Circuit Court of Appeals offered a number of very thoughtful and constructive observations about the assessment of disability. The case of Bauer v. Astrue, 2008 U.S. App. LEXIS 14484 (7th Cir., July 8), involved a claimant who suffered from bipolar disorder, a mental condition characterized […]
A recent district court ruling in Texas offers a cautionary tale to practitioners. Acuna v. Connecticut General Life Ins.Co., 2008 U.S.Dist.LEXIS 51136 (E.D.Texas May 28, 2008), involved an anesthesiologist who suffered from a severe ocular disorder that forced her to stop working and pursue a claim for disability benefits in 2003.
In Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), the U.S. Supreme Court ruled that benefit claims under the ERISA law should be evaluated under principles of trust law, which allows discretionary authority to be vested in trustees to determine eligibility to receive benefits and to interpret the plan documents. At the […]