In Cogdell v. Reliance Standard Life Insurance Company, No. 1:23-CV-01343 (AJT/JFA), _F.Supp.3d_, 2024 WL 4182589 (E.D. Va. Sept. 11, 2024), on cross-motions for judgment pursuant to FRCP Rule 52, Virginia Eastern District Judge Anthony J. Trenga granted judgment in favor of Plaintiff and against Reliance Standard Life Insurance Company finding that Plaintiff demonstrated by
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Ninth Circuit Revives Breach of Fiduciary Duty Claims Against Boeing for Failing to Investigate Dependent Life Insurance Coverage
In McIver v. Metropolitan Life Insurance Company, et al., No. 23-55306, 2024 WL 4144075 (9th Cir. Sept. 11, 2024), an unpublished decision, the Ninth Circuit reversed and remanded this case involving allegations that the Boeing Company, Employee Benefit Plans Committee (“EBPC”), and Metropolitan Life Insurance Company breached their fiduciary duties with respect to Plaintiff’s…
Eighth Circuit Upholds Dismissal of ERISA Lawsuit Alleging Excessive Recordkeeping Fees
In Barrett v. O’Reilly Auto., Inc., No. 23-2501, __F.4th__, 2024 WL 3980839 (8th Cir. Aug. 29, 2024) (Before: Benton, Arnold, and Stras, Circuit Judges), the Eighth Circuit affirmed the district court’s dismissal of this case where retirement plan participants alleged that the plan’s fiduciaries breached their ERISA duty of prudence to monitor the plan’s…
District Court Finds Unum Erred in Terminating Cancer Patient’s Claim for Partial Disability Benefits
By Kristin Kyle
In Hardy v. Unum Life Ins. Co. of Am., No. 23-CV-563 (JRT/JFD), 2024 WL 4043540 (D. Minn. Sept. 4, 2024), on cross-motions for judgment pursuant to FRCP Rule 52, Minnesota District Judge John R. Tunheim granted judgment in favor of Plaintiff and against Unum finding that Plaintiff demonstrated by a preponderance of the evidence…
District Court Finds Plaintiff-Physician Was Disabled Due to Underlying Medical Conditions and Risk of Exposure to COVID-19
By Kristin Kyle
In Downs v. Unum Life Insurance Company of America, No. 23-CV-01643-RS, 2024 WL 3908106 (N.D. Cal. Aug. 19, 2024), on cross-motions for judgment pursuant to FRCP Rule 52, California Northern District Judge Richard Seeborg granted judgment in favor of Plaintiff and against Unum finding that Plaintiff was disabled due to her underlying medical conditions…
Sixth Circuit Affirms Denial of Attorneys’ Fee to Successful Plaintiff in ERISA Suit Due to Attorneys’ Failure to Itemize Time
In Messing v. Provident Life & Accident Ins. Co., No. 23-1824, 2024 WL 3950239 (6th Cir. Aug. 27, 2024), the Sixth Circuit considered the Plaintiff’s challenge to the district court’s denial of attorneys’ fees under Section 1132(g)(1) of ERISA. To recover fees under ERISA’s fee-shifting statute, a claimant must show some degree of success…
Eighth Circuit: ERISA Health Plan’s Counterclaim Seeking Equitable Right to Settlement Funds Does Not Establish Subject-Matter Jurisdiction in Federal District Court
In Kellum v. Gilster-Mary Lee Corp. Grp. Health Benefit Plan, No. 23-2765, __F.4th__, 2024 WL 3930833 (8th Cir. Aug. 26, 2024), a dispute where a self-funded health plan removed an action seeking uninsured-motorist coverage from state court to federal court and asserted an equitable right to the insurance proceeds under ERISA, the Eighth Circuit…
District Court Finds Sun Life Did Not Abuse Its Discretion in Denying ERISA Long Term Disability Benefit Claim for Claimant with Autoimmune Disorders
By Kristin Kyle
In Ziegler v. Sun Life Assurance Company of Canada, No. 4:22-CV-01115-SRC, 2024 WL 3874529 (E.D. Mo. Aug. 19, 2024), Missouri Eastern District Chief Judge Stephen R. Clark granted Sun Life’s motion for summary judgment finding that Sun Life did not abuse its discretion in terminating Plaintiff’s long-term disability benefits based on the opinions of…
Third Circuit Holds Excess Pension Program is Not Governed by ERISA
In Weller v. Linde Pension Excess Program, et al., No. 23-1293, 2024 WL 3887275 (3d Cir. Aug. 21, 2024), the Third Circuit considered whether an excess pension program is governed by ERISA. Linde North America offered both a pension plan and an “excess” pension program to certain employees. Excess benefit payments go into the…
Sixth Circuit Holds ERISA Retirement Plan’s Individual Arbitration Provisions Are Invalid
In Parker v. Tenneco, Inc., No. 23-1857, __F.4th__, 2024 WL 3873409 (6th Cir. Aug. 20, 2024), Plaintiffs-Appellees are participants in 401(k) Plans administered by Tenneco Inc., the parent company of their respective employers. Plaintiffs brought a putative class action against Defendants-Appellants, fiduciaries of the plans, alleging breaches of fiduciary duties owed under ERISA and…