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Category: Blog

Your ERISA Watch – Eighth Circuit Agrees with Retirement Plan Administrator that Claim for Disability Pension Was Untimely

This week’s notable decision, DaPron v. Spire Missouri, Inc., No. 19-2166, __F.3d__, 2020 WL 3550693 (8th Cir. July 1, 2020), involves an unfortunate denial of disability retirement benefits simply because the plan participant submitted his claim for benefits after his…

Your ERISA Watch – To Fee or Not to Fee: The Fifth and Ninth Circuits’ Tale of Two Fee Awards

The first notable decision this week, Herrman v. LifeMap Assurance Co., Case No. 19-35182, __F.App’x__, 2020 WL 3468187 (9th Cir. Jun. 25, 2020), shakes out as a positive for plan participants on the issue of attorneys’ fees. Before the Ninth…

Your ERISA Watch – The Second Circuit Kicks the Can In Long-running ESOP Duty-of-Prudence Dispute Against IBM

This week’s notable decision is the Second Circuit’s short per curiam opinion in Jander v. Ret. Plans Comm. of IBM, No. 17-3518, __F.3d__, 2020 WL 3412115 (2d Cir. June 22, 2020), a case where Plaintiffs, who are participants in the…

Your ERISA Watch – In Life Insurance Coverage Dispute, a District Court Goes Against the Tide in Favor of Equitable Remedies

The Eastern District of Pennsylvania’s decision in Staropoli v. Metropolitan Life Insurance Company et al., 2020 WL 3051434 (E.D. Penn. June 8, 2020) demonstrates that even the payment of premiums, full disclosure of facts, and receiving confirmation that benefits are…

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