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Category: Long Term Disability
23 Sep 2020
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…
02 Sep 2020
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?…
20 May 2020
Your ERISA Watch – Fifth Circuit Revives Claim Against Humana for Denying Eating Disorder Treatment
We have two notable decisions to report again this week, including one that is a firm victory. Let us start with the good news. The first notable decision, Katherine P. v. Humana Health Plan, Inc., No. 19-50276, __F.3d__, 2020 WL…
13 May 2020
Your ERISA Watch – District Court Permits Vast Conflict Discovery in Life Waiver of Premium Dispute Subject to De Novo Review
There were no notable circuit court decisions this past week, so we have chosen to highlight two published district court decisions from matters involving disability claims. The first is favorable to plan participants and the second is not. Is it…
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