The First Circuit released its most recent ERISA decision, Carrasquillo v. Pharmacia Corp., a few days ago. Of interest in the decision, the court notes the standards that the appellate court should apply in reviewing a district court’s entry of summary judgment when the arbitrary and capricious standard applies. The court reiterated that while
401(k) Plans and ERISA Class Actions
Jerry Kalish has a terrific post, drawing on a law firm white paper, about the potential ERISA liabilities of financial advisors and others who manage or otherwise help to run company 401(k) plans. As he discusses, class action lawsuits are being filed alleging ERISA violations in the operation of such plans; the suits stem
Insurance Coverage and Personal Jurisdiction
Every state has its litigation tricks and traps, and we all know that there are some states that insurers would simply rather steer clear of. With this in mind, some insurers try to control what states’ litigation risks and regimes they will be exposed to by limiting the states in which they write business. But
Attorney Fee Awards in Insurance Coverage Litigation
When I was first starting out as a lawyer, stuck with research assignments that required figuring out all aspects of a particular state’s law on a particular issue, I always liked to begin by looking for a federal district court decision on the subject, because the federal court decisions had a tendency to include a
ERISA and Retirement Benefits
What Standard of Review Applies to a Claim That Was Never Reviewed?
We have talked a lot about the different standards of review that courts should apply when reviewing an administrator’s decision concerning a claim for benefits under ERISA. But what about if the administrator never applied any review at all before the dispute ended up in the courts? Courts differ on whether this should change the
Hurricanes and Homeowners Insurance
Investment Advisor Insurance
This is neat. Here’s a nice little story right smack at the confluence of this blog’s topics, ERISA litigation and insurance coverage problems. The story describes a new insurance product being released by Travelers providing investment advisors and similar entities with expanded coverage for the risks associated with providing investment services; the policy will cover
Zelinsky, Wal-Mart, and the Fair Share Act
Well, this is interesting. Here is a forthcoming law review article from Ed Zelinsky of Cardozo on the Maryland Fair Share Act, Wal-Mart and preemption, issues I talked about here and here. As the abstract shows, the professor concludes that a federal district court correctly held that Maryland’s statute targeting Wal-Mart’s health insurance program
Logrolling 102
Where do I get my information and how do I stay up to date? From sources like BNA’s new pension and benefits blog, hosted right now by Nell Hennessy, who has the experience to really discuss pension issues. She has a nice post up right now listing blogs, including this one, that cover