Articles
Updates on the latest in benefits news and practical pointers for your benefits-related issues.
ERISA claim stays in state court, which rules for plaintiff
Mark D. DeBofsky is a name partner of DeBofsky Sherman Casciari Reynolds P.C. — on the web at debofsky.com. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage issues. He can be reached at...
Wash. ERISA ruling paves way for access to health benefits
The scope and breadth of the Employee Retirement Income Security Act's statutory preemption of state laws that relate to employee benefit plans[1] has confounded the courts since ERISA was enacted in 1974. In recent years, a battle front has emerged over the power of...
Federal court finds ERISA does not preempt state auto-enrollment individual retirement program
This country is suffering from a retirement crisis, unlike any other in its history. According to the Economic Policy Institute, nearly half of all American families have no retirement savings. For those that do, the savings are minimal. In 2016, the median retirement...
Announcements
Mark DeBofsky records new CLE video on ERISA claim appeals
Mark DeBofsky was recently invited by the National Academy of Legal Education to record a video on pre-litigation appeals of benefit denials in ERISA cases which are generally considered mandatory. Claim appeals are also often the key to success or failure in...
Mark DeBofsky records new video, “ERISA for Dummies”
Mark DeBofsky recently joined the faculty of the National Academy for Continuing Legal Education and recorded a new course, "ERISA for Dummies," accessible via the following link: https://www.nacle.com/CLE/Courses/ERISA-for-Dummies-1485. The entire program may also be...
Casciari to speak on preemption and ethics at ABA ERISA Basics
Marie E. Casciari will be speaking at the ABA JCEB ERISA Basics National Institute, presented virtually, from June 15-17, 2020 on the following two panels: “ERISA Preemption” and “ERISA Ethical Issues and Concerns.” Additional program information can be found here: ...
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