Articles
Updates on the latest in benefits news and practical pointers for your benefits-related issues.
Reflections on the Americans with Disabilities Act at Age 30
This month marks thirtieth anniversary of the passage of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., a landmark piece of civil rights legislation that prohibits discrimination on the basis of disability. The ADA requires that people...
ERISA remedies could increase under Liu v. SEC ruling
Employee benefit claimants are frequently surprised by the limited remedies to them under the Employee Retirement Income Security Act. However, a recent U.S. Supreme Court ruling in Liu v. U.S. Securities and Exchange Commission,[1] might open the door to additional...
How discovery is evolving in ERISA benefits litigation
An aspect of Employee Retirement Income Security Act benefits litigation that distinguishes it from other civil litigation is that discovery in ERISA cases is only stingily granted. Although, as will be shown below, that appears to be changing. There is no statutory...
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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