One of the more unwieldy of legal fictions is the so-called tripartite relationship among the insured, the insurer, and the defense counsel defending the insured against the claim. Duties run every which way in the relationship, and this beast is at its most cantankerous when one gets into the question of how the attorney client
Supreme Court to Review Fiduciary Duties of Administrators
One of the things that makes practicing in and blogging about ERISA interesting is the fact that the subject area is never static. Other areas of the law can literally evolve at a near glacial pace (see, for example, this post here, involving the law of malicious prosecution and a change, for the first
Top Hat Plans and ERISA
One of the most interesting and potentially influential of the ERISA decisions rendered by the courts in the First Circuit during the holiday season that just closed is Eben Alexander v Brigham and Women’s Physician Organization, in which the court issued its findings, after a trial, on whether two particular deferred compensation plans for
Wal-Mart and Preemption
It is likely that if you are interested in the subject of this blog you already know that the Fourth Circuit has now affirmed the District Court decision striking down Maryland’s Fair Share Act. Workplace prof has a nice post summing up the issue here, and major media accounts can be found here and here.
Excessive Fees, ERISA and 401(k) Plans
Here is an excellent article, by way of workplace prof, on the fees charged in 401(k) plans, their impact on performance, and the difficulty of even learning about them. We have talked before about how challenges to excessive fees charged to 401(k) plans is the new growth stock in ERISA litigation, and many people
Procedural Violations in ERISA Claims Handling
Probably the most important of the pre-holiday ERISA rulings in the First Circuit is Bard v. Boston Shipping Association, in which the First Circuit provides a detailed explanation of exactly how procedural and regulatory violations in handling ERISA claims will be addressed in this circuit henceforth. Notably, the court rejected the premise that such
Hurricane Katrina Coverage Litigation
Unlike the postman (neither sleet nor rain, etc.), I am easily diverted from my appointed rounds. This is another way of saying that contrary to what I said in my last post, I am not returning right away to a run down of a handful of interesting ERISA decisions handed down in the First Circuit
AD&D Policies, ERISA and the Intoxicated Driver
It seems that, running up to the holidays, the First Circuit and the district courts in the circuit chose to issue several particularly interesting, some would say even compelling, ERISA decisions. And why not? What lawyer wouldn’t want to receive a detailed analysis of one issue or another under ERISA for the holidays? I know I
Intellectual Property, Advertising Injury Coverages, and Licensing
At the risk of turning this into blog reader month, I thought today I would pass along this article on the use of intellectual property in growing a business that was passed along to me by blog reader Mike Kraft of Customer Standpoint, who specialize in the analysis of the customer experience. It
Legal Malpractice and Professional Liability Policies
If an attorney gets duped into executing a check and distributing its proceeds as part of an elaborate fraudulent check scheme – an act which will then of course inevitably get him sued – is he covered for that act under his professional liability coverage? A Massachusetts Superior Court judge has astutely, and on the