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…

This week’s notable decision comes from the Eighth Circuit and concerns claims preempted by ERISA. In Pharm. Care Mgmt. Ass’n v. Tufte, No. 18-2926, __F.3d__,2020 WL 4554980 (8th Cir. Aug. 7, 2020), Plaintiff Pharmaceutical Care Management Association (“PCMA”) claimed that…

This week we highlight a notable circuit court decision involving a denial of a mental health claim.  The Tenth Circuit case, Lyn M. v. Premera Blue Cross, No. 18-4098, __ F.3d __, 2020 WL 4249129 (10th Cir. July 24, 2020),…

This was an exciting week in ERISAland!  We highlight three notable decisions in the areas of ERISA preemption and out-of-network provider claims, proton beam radiation therapy and standing, and pension benefit claims. This week’s first notable decision, ­­­­­­­­­­­­­­Plastic Surgery Ctr.,…