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Author: Michelle Roberts

Your ERISA Watch – Eleventh Circuit Holds NFL Retirement Plan Abused its Discretion by Failing to Consider Evidence and Combined Effects of Plaintiff’s Impairments

This week’s notable decision is Mickell v. Bert Bell/Pete Rozelle NFL Players Retirement Plan, No. 19-10651, __F.App’x__, 2020 WL 6074329 (11th Cir. Oct. 15, 2020), where the Eleventh Circuit reversed the district court’s determination that an ERISA plan did not…

Your ERISA Watch – Sixth Circuit Affirms Dismissal of Claims Challenging Severance Plan’s General Release Requirement

This week’s notable decision is Castellon-Vogel v. International Paper Company, __F.App’x__, 2020 WL 5891679 (6th Cir. Oct. 5, 2020). Martha Castellon-Vogel (Vogel) worked as an engineer for International Paper Company (IPC). The company’s ERISA welfare benefit plan provided that Vogel…

Your ERISA Watch – District Court Dismisses ERISA Fiduciary Breach Claim against Trader Joe’s Co.

This week’s notable decision is  Kong v. Trader Joe’s Co., No. CV 20-05790 PA (JEMx), 2020 WL 5814102 (C.D. Cal. Sept. 24, 2020). Plaintiffs, employees of Trader Joe’s, brought this class action against the company and related defendants, alleging that they…

Your ERISA Watch – Can Insurance Companies Delay the Adjudication of Claims Without Consequence?

This week’s notable decision is Jones v. Aetna, Inc., Case No. 19-cv-9683 (JPO), 2020 WL 5654697 (S.D.N.Y. Sep. 23, 2020). Jones involves an issue many providers are increasingly facing with health insurance companies—silently being placed on some sort of insurance…

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