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Category: Long Term Disability

Your ERISA Watch – District Court Dismisses ERISA Fiduciary Breach Claim against Trader Joe’s Co.

This week’s notable decision is  Kong v. Trader Joe’s Co., No. CV 20-05790 PA (JEMx), 2020 WL 5814102 (C.D. Cal. Sept. 24, 2020). Plaintiffs, employees of Trader Joe’s, brought this class action against the company and related defendants, alleging that they…

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 – 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?…

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…

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