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Category: Health Insurance

Your ERISA Watch – Ninth Circuit Holds that Hawaii Statutes Restricting Insurers’ Subrogation Recovery Rights Are Saved from ERISA Preemption

This week’s notable decision is Rudel v. Hawai’i Management Alliance Association, No. 17-17395, __F.3d__, 2019 WL 4302895 (9th Cir. Sept. 11, 2019), where the Ninth Circuit made three significant determinations with respect to ERISA preemption of state laws regulating insurance. …

Your ERISA Watch – Second Circuit Holds Employer to Promise of Lifetime Retiree Medical Benefits

I’m glad to be able to report some good news in the post-Tackett world of retiree medical.  In this week’s notable decision, Kelly v. Honeywell Int’l, Inc., No. 17-2075, __F.3d__, 2019 WL 3673139 (2d Cir. Aug. 7, 2019), the Second…

Your ERISA Watch – Court Finds that Wage/Benefit Ordinance for Hotel Workers Is Not Preempted by ERISA

Hello, ERISA Watchers!  Since Wednesday’s mid-week report, there were not any more exciting circuit court decisions.  Today, I want to highlight a preemption decision out of my backyard in  California Hotels and Lodging Association v. The City of Oakland, No.…

Your ERISA Watch – Plan Trustees May Be “Surcharged” to Remedy Breach of Trust Causing a Loss of Benefits Under Unrelated Plan

This week’s notable decision, DeRogatis v. Bd. of Trustees of the Cent. Pension Fund of the Int’l Union of Operating Engineers, No. 14 Civ. 8863 (CM) (S.D.N.Y. June 13, 2019), follows a remand from the Second Circuit to decide whether…

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