One of the advantages of writing a blog on a particular subject for as long as I have – going on 17 years now – is that you become your own sort of institutional memory, in a way. When I saw this article in Forbes today, discussing barriers that the NFL’s disability system throws up
Benefit Litigation
Prevailing in an ERISA Case Under Discretionary Review Gets Harder for Insurers
By Stephen Rosenberg on
There is an excellent article in Massachusetts Lawyers Weekly this week by Eric Berkman on a new District Court decision by Judge Woodlock in Massachusetts concerning mental health benefits and the nature of the review provided by an insurer. The decision, K.D. v. Harvard Pilgrim Healthcare, found that the insurer had an insufficient basis…
Why Plan Sponsors Should Allow Independent Fiduciaries to Manage Employer Stock in Retirement Plans
By Stephen Rosenberg on
I am quoted in an excellent article in Pensions & Investments by Robert Steyer on the use of independent fiduciaries when providing employer stock in company retirement plans. As many of you probably know, the Supreme Court’s decision a few years back in Fifth Third Bancorp vs. Dudenhoeffer raised the pleading bar substantially for plaintiffs…
How Should Courts Analyze Arbitration Clauses in ERISA Plans?
By Stephen Rosenberg on
Posted in Arbitration, Benefit Litigation
Here’s an excellent client alert, out of Holland and Knight, on the question of mandatory arbitration provisions in ERISA benefit plans. The alert discusses a recent federal district court decision out of Arizona requiring the participant in an ESOP to arbitrate her claim, rather than bring a putative class action case in federal court,…
The Eleventh Circuit Says – Correctly – That the Widow of a Deceased Employee Can Recover Life Insurance Benefits Even Though the Deceased Employee Was Never Enrolled in the Plan Due to the Plan Administrator’s Mistakes
One of my partners emailed me the other day with kind words about my blog, and I responded that there was plenty to write about these days when it comes to ERISA and insurance. Amusingly, this morning’s inbox ended up presenting the perfect exemplar. I was sitting down to write some follow up comments on…
According to the Second Circuit, the DOL Claim Regulations Actually Do Mean What They Say
By Stephen Rosenberg on
Posted in Benefit Litigation, Long Term Disability Benefits
I am of two minds when it comes to ERISA decisions out of the Second Circuit. My first is to naturally jump to the conclusion that, in the immortal words of Willy Loman, attention must be paid, simply because of the Court. Then I remember the long retired big law partner from my…
Retaliation, Section 510 and the Timing of Terminations
By Stephen Rosenberg on
Section 510 of ERISA makes it illegal to take any job action for the purpose of interfering with an employment benefit that would otherwise have been due to the employee. The classic formulation of such a claim is terminating an employee right before a pension would have vested, simply to avoid owing the benefit; some…
Monticello, Operational Errors in ERISA Plans, and the New Frontier of Litigation
By Stephen Rosenberg on
I recently visited Monticello, a place, being a history buff, I had always meant to tour; suffice it to say, it did not disappoint. Among other things, it was an interesting reminder of an oft-forgotten point, namely that for many years, the American “frontier,” for all intents and purposes, is what is now modern…
A Perfect Example of the Evolution in Equitable Relief: Recovering Group Life Benefits After Enrollment Errors By The Life Insurer
By Stephen Rosenberg on
I have returned to blogging after stepping away for awhile from regular posting for a number of reasons ; foremost among them, however, is wanting to talk regularly about the continuing evolution in this area of the law toward a more even playing field for both employees and employers, and away from the many structural…
At the Intersection of the NFL Draft, ERISA, Divorce, Venue and Spousal Benefits
By Stephen Rosenberg on
Is there a more hyped sporting event with less substance than the NFL Draft? Does everyone on the internet drive traffic to their sites by linking to the draft if at all possible? Well, of course the answer to both questions is yes, and so I too will link a post to the NFL Draft.
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