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Category: Blog

Your ERISA Watch – District Court Equitably Tolls Limitations Period in ERISA Lawsuit for Disability Benefits Based on Mental Incompetence

This week’s notable decision is a firm victory in Poisson v. Aetna Life Ins. Co., No. 8:20-cv-01030-JVS-DFM (C.D. Cal. Sept. 21, 2020). In 2011, claimant Jones suffered severe trauma to his head and face from a motorcycle accident. The trauma…

Your ERISA Watch – First Circuit Rules in Favor of Harvard Pilgrim Health Care in Dispute Over Denied Residential Treatment Benefits

This week’s notable decision demonstrates the difficulty of overcoming a district court’s de novo review on appeal in an ERISA case. Like many courts deciding mental health benefits under ERISA, the First Circuit concluded: “This case is not an easy…

Your ERISA Watch – Sixth Circuit Rules in Favor of PBGC in Dispute over Termination of Delphi Corporation’s Pension Plan

This week’s notable decision is Black v. Pension Benefit Guar. Corp., No. 19-1419, __ F.3d __, 2020 WL 5201400 (6th Cir. Sept. 1, 2020). Plaintiffs in this case were retirees of Delphi Corporation, an automotive parts supplier and former subsidiary…

Your ERISA Watch – Eighth Circuit Jettisons Prior Circuit Precedent Holding that Procedural Irregularities Can Justify a De Novo Standard of Review

This week the Eighth Circuit’s decision in McIntyre v. Reliance Standard Life Ins. Co., No. 19-2367, __F.3d__, 2020 WL 4951028 (8th Cir. Aug. 25, 2020), clarified that when circumstances demand “less deferential review,” this cannot mean de novo review. Why?…

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