Roberts Disability Law

Roberts Disability Law Blogs

Latest from Roberts Disability Law

In Roeder v. Guardian Life Ins. Co., No. 22-56226, 2024 WL 1612256 (9th Cir. Apr. 15, 2024), Plaintiff-Appellant Jacqueline Roeder appealed the district court’s de novo review of Guardian Life Insurance Company’s denial of her claim for long-term disability benefits under a policy governed by ERISA on the basis of the policy’s pre-existing condition

In Perkins v. United Surgical Partners International, Inc., et al., No. 23-10375, 2024 WL 1574342 (5th Cir. Apr. 11, 2024), Plaintiffs are participants of a defined contribution plan established by United Surgical Partners International, Inc. They sued United and other Plan fiduciaries, alleging that the defendants violated their fiduciary duties under ERISA in the

In Ryan S. v. UnitedHealth Grp., Inc., No. 22-55761, __F.4th__, 2024 WL 1561668 (9th Cir. Apr. 11, 2024), Plaintiff-Appellant Ryan S. brought a putative class action against Defendant-Appellee UnitedHealth Group, Inc. and its subsidiaries alleging that the Defendants violated the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008

In Rogers v. Unum Life Insurance Company of America, et al., No. 22-CV-11399-AK, 2024 WL 1466728 (D. Mass. Mar. 31, 2024), Massachusetts District Judge Angel Kelley denied both Plaintiff and Defendant Unum’s Motions for Summary Judgment, finding that the court required more information to determine whether Unum’s decision to deny Plaintiff’s long-term disability (LTD)

In E.L. v. Hartford Life and Accident Insurance Company, No. 22-CV-00050-PCP, 2024 WL 1336463 (N.D. Cal. Mar. 27, 2024), California Northern District Judge P. Casey Pitts granted Plaintiff’s Motion for Judgment in part finding that Plaintiff demonstrated total disability from her own occupation. The Court denied Plaintiff’s request to submit extrinsic evidence from her

In Khesin v. Hartford Life & Accident Insurance Company, No. 22-1766, 2024 WL 1404576 (2d Cir. Apr. 2, 2024), Plaintiff-Appellant Daniel Khesin appealed the district court’s judgment in favor of Hartford Life & Accident Insurance Company on his claims for long-term disability (“LTD”) and life-waiver-of-premium (“LWOP”) benefits. Khesin sought LTD and LWOP benefits after

In Bulk Transp. Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563, __F.4th__, 2024 WL 1230236 (7th Cir. Mar. 22, 2024), Bulk Transport challenged the district court’s grant of summary judgment to the Teamsters Union No. 142 Pension Fund in this dispute over $2.3 million in withdrawal liability. The Fund assessed withdrawal liability

In Whitehouse v. Unum Life Ins. Co. of Am., No. CV 22-1736 (JWB/ECW), 2024 WL 1209230 (D. Minn. Mar. 21, 2024), Minnesota District Judge Jerry W. Blackwell granted Plaintiff’s Motion for Judgment on the Administrative Record finding that Plaintiff remained partially disabled under the Unum long-term disability policy, and retroactively reinstating benefits.
Plaintiff was

In Graziano v. First Unum Life Insurance Company, No. 21-CV-2708 (PAC), 2024 WL 1175143 (S.D.N.Y. Mar. 19, 2024), New York Southern District Judge Loretta A. Preska granted Plaintiff’s motion for attorneys’ fees against Unum as the prevailing party in this ERISA benefits action.
By this lawsuit, Plaintiff alleged that Unum violated ERISA by improperly

In Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan, No. 22-10710, __F.4th__, 2024 WL 1130511 (5th Cir. Mar. 15, 2024), the Fifth Circuit panel withdrew its opinion in Cloud v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, 83 F.4th 423 (5th Cir. 2023), which we wrote about here, and substituted