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Blog Posts
13 Nov 2019
Your ERISA Watch – District Court Finds Oxford’s Denial of Teen’s Residential Treatment Arbitrary and Capricious Due to Reliance on UBH Guidelines
For those of us waiting for a court to follow the reasoning in the remarkable Wit v. United Behavioral Health, 2019 WL 1033730 (N.D. Cal. Mar. 5 2019) decision earlier this year, we got it last week with the decision…
06 Nov 2019
Your ERISA Watch – Sixth Circuit Revives Nurse’s Disability Benefit Claim Against Principal Life Insurance Company
This week’s notable decision is Card v. Principal Life Insurance Company, No. 18-6095, __F.App’x__, 2019 WL 5618182 (6th Cir. Oct. 31, 2019), where the Sixth Circuit concluded that Principal Life Insurance Company was arbitrary and capricious when it denied Plaintiff…
30 Oct 2019
Your ERISA Watch – Murder of Plan Participant Disqualifies 401(k) Beneficiary
This week’s notable decision is a district court decision in Estate of Colleen J. Brownell v. Lyczak, et al., 2019 WL 5485392 (D.N.J. Oct. 25, 2019), which is another cautionary tale for the notion that murder doesn’t pay, well at…
22 Oct 2019
Your ERISA Watch – Second Circuit Holds Breach of Contract Claims for Retiree Medical Coverage Not Preempted by ERISA
This week’s notable decision is an unpublished ERISA preemption decision in Abernethy v. EmblemHealth, Inc., No. 19-422, __F.App’x__, 2019 WL 5302825 (2d Cir. Oct. 21, 2019), where the Second Circuit revived the state law claims retired officers brought against EmblemHealth…
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