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Your ERISA Watch – Court Holds that Brooklyn Public Library Disability Plan is Not Subject to ERISA Governmental Plan Exemption

This week’s notable decision is Skornick v. Principal Financial Group, et al., No. 18-CV-4324 (CS), 2019 WL 1723741 (S.D.N.Y. Apr. 18, 2019), where the court determined that a group disability benefit policy purchased through Defendant Brooklyn Public Library (“the Library”)…

Your ERISA Watch – Second Circuit Holds Attorney’s Lawsuit for Disability Benefits Time-Barred under Policy’s Limitations Period

This week’s notable decision is the unpublished Second Circuit decision in Arkun v. Unum Group, No. 17-3354, __F.App’x__, 2019 WL 1579589 (2d Cir. Apr. 12, 2019), a matter involving a late-filed lawsuit for long-term disability benefits. Plaintiff-Appellant Arkun, a former…

Your ERISA Watch – Avoid Legal Malpractice: Know Your Client & Written Retainer Agreements

The Sixth Circuit Court of Appeals issued a decision recently that should have ERISA attorneys thinking twice before they agree to do work for a client. In Cohen v. Jaffe Raitt Heuer And Weiss, P.C., No. 1395, __F.App’x__, 2019 WL 1504393…

Your ERISA Watch – Tenth Circuit Holds that Cryotherapy Technician Is a “Sales” Employee under Group Long-Term Disability Policy

This week’s notable decision is Hodges v. Life Ins. Co. of N. Am., No. 18-1279, __F.3d__, 2019 WL 1446800 (10th Cir. Apr. 2, 2019), a matter involving the proper calculation of long-term disability benefits based on the classification of the…

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