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Your ERISA Watch – Trustees Abuse Discretion by Interpreting Plan Amendment to Apply to “Pass-through” Payments Transferred to Out-of-State Plans

This week’s notable decision comes out of the Ninth Circuit Court of Appeals in a matter involving employer contributions to a union pension plan, Lehman, et al. v. Nelson, et al., No.18-35321, __F.3d__, 2019 WL 6484254 (9th Cir. Dec. 3,…

Your ERISA Watch – Court Permits Health Plan’s Equitable Lien Claim to Proceed Against Participant’s Attorneys

This week we want to highlight a district court decision involving a health plan’s attempt to seek an equitable lien on personal injury settlement proceeds.  In Publix Super Markets, Inc. v. Figareau et. al., Case No. 8:19-cv-545, 2019 WL 6311160…

Your ERISA Watch – Seventh Circuit Holds Employer to Promise of Lifetime Health-care Benefits for Retirees

Retired steelworkers and their families have something to be thankful for this week.  And no, it’s not turkey.  This week’s notable decision is Stone v. Signode Industrial Group LLC, No. 19-1601, __ F.3d __, 2019 WL 6139680 (7th Cir. Nov.…

Your ERISA Watch – Fifth Circuit Denies Attorneys’ Fees to Plaintiff for en banc Success Changing Judicial Standard of Review

This week’s notable decision is another terrible decision for ERISA plan participants out of the Fifth Circuit Court of Appeals:  Ariana M. v. Humana Health Plan of Texas, Inc., No. 18-20700, __F.App’x__, 2019 WL 5866677 (5th Cir. Nov. 8, 2019)…

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