Roberts Disability Law Blog

Latest from Roberts Disability Law Blog

In Kim v. The Guardian Life Insurance Company of America, No. 823CV01579DOCADS, 2024 WL 2106240 (C.D. Cal. May 9, 2024), California Central District Judge David O. Carter granted judgment to Plaintiff finding that Guardian had improperly determined that Plaintiff’s long-term disability (“LTD”) claim was excluded from coverage based on the LTD policy’s pre-existing condition

In Wilcox v. Dearborn Insurance Company; Amgen, Inc. Life Insurance Plan, No. 23-55484, 2024 WL 2130598 (9th Cir. May 13, 2024), an unpublished opinion, the Ninth Circuit affirmed the district court’s judgment in favor of Dearborn Insurance Company on Plaintiff’s ERISA claim for life insurance waiver of premium (LWOP) benefits. The court found that

In Bafford v. Admin. Comm. of Northrop Grumman Pension Plan, No. 22-55634, __F.4th__, 2024 WL 2067884 (9th Cir. May 9, 2024), decided by Circuit Judges Morgan Christen, Roopali H. Desai, and Anthony D. Johnstone, the Ninth Circuit again considered this dispute involving Northrop Grumman’s provision of inaccurate pension benefit statements to Plaintiffs Evelyn Wilson

In Diederichs v. FCA US LLC, No. 23-11287, 2024 WL 1957328 (E.D. Mich. Apr. 30, 2024), Michigan Eastern District Magistrate Judge Curits Ivy, Jr. granted Defendant’s motion to dismiss Plaintiff’s action seeking disability benefits under the employer’s Disability Assistance Program (“DAP”) followed by long-term disability (“LTD”) benefits.
Plaintiff brought this action as conservator for

In Artz v. Hartford Life & Accident Ins. Co., No. 23-2269, __F.4th__, 2024 WL 1986000 (7th Cir. May 6, 2024), the Seventh Circuit affirmed the district court’s grant of summary judgment to Defendant Hartford Life & Accident Insurance Company on Plaintiff-Appellant Donald Artz’s claim for long-term disability benefits under ERISA Section 502(a)(1)(B). Artz claimed

In Cedeno v. Sasson, No. 21-2891-CV, __F.4th__, 2024 WL 1895053 (2d Cir. May 1, 2024), a putative class action seeking relief under ERISA Section 502(a)(2), the Second Circuit Court of Appeals joined the Third, Seventh, and Tenth Circuit Courts of Appeals in holding that an arbitration provision which operates as a prospective waiver of

In Stambaugh v. Reliance Standard Life Ins. Co., No. CV-23-08140-PCT-DLR, __F.Supp.3d__, 2024 WL 1854499 (D. Ariz. Apr. 22, 2024), Arizona District Judge Douglas L. Rayes granted Plaintiff’s motion for discovery of extra-record evidence finding that under an abuse of discretion standard Plaintiff was entitled to conducted discovery to demonstrate how egregious Reliance Standard’s conflict

In A. Griffin v. United Healthcare Services, Inc., No. 23-13429, 2024 WL 1855456 (11th Cir. Apr. 29, 2024), the Eleventh Circuit affirmed the dismissal of Dr. Griffin’s lawsuit seeking damages under 29 U.S.C. § 1132(c)(1) against United Healthcare Services, Inc. for United’s failure to provide her with certain documents connected to her treatment of

In Morales v. CoAdvantage Corp., No. 6:24-cv-117-JA-DCI, 2024 WL 1678250 (M.D. Fla. Apr. 18, 2024), Florida Middle District Judge John Antoon, II granted in part Defendants’ motions to dismiss finding that although Plaintiffs’ complaint had not adequately stated claims for breach of fiduciary duty under ERISA Section 1132(a)(3), that the Count could be rewritten