I have been writing a lot recently about big picture items, from Supreme Court cases over ERISA’s statute of limitations to the ability of plan sponsors to legally control litigation against them, and everything in between. It is worth remembering, however, that ERISA is a nuts and bolts statute that is litigated day in and
Long Term Disability Benefits
What Rochow Teaches Us About Amara Remedies, and What It Doesn’t
You know, I have been wanting to sit down for weeks – at least – to write about Rochow v. Life Insurance Company of America, initially with regard to the extraordinary remedy initially imposed by the court and then later with regard to the Sixth Circuit’s decision to return to the issue by hearing…
If an Appeal is Filed and Nobody Knows It, Is it an Appeal?
By Stephen Rosenberg on
Posted in Benefit Litigation, Long Term Disability Benefits
There are many variations on the old question that, if a tree falls in the woods and no one is there to hear it, did it really fall. I am sure, like me, you have heard many versions of that question that are not fit to be reprinted in a PG-13 rated blog.
But I…
Mike Webster to Dwight Harrison: What they Tell Us About the NFL’s Disability Benefits Plan
By Stephen Rosenberg on
Posted in Long Term Disability Benefits
Wow – what more is there to say about this story by Michael Rosenberg of Sports Illustrated on the long and bitter fight by aging, 10 year NFL vet Dwight Harrison to obtain disability and pension benefits? The story itself is a beautiful piece of writing, humane and complex all at the same time.
There…
Thoughts on Heimeshoff v. Hartford Life & Accident Insurance
By Stephen Rosenberg on
Posted in Long Term Disability Benefits
The more I read yesterday’s Supreme Court’s decision in Heimeshoff v. Hartford Life & Accident Insurance, the more I return to the same position I expressed when the case was argued: that what the rule that is imposed by the Court turns out to be is much less important than that we actually have…
Thoughts on Oral Argument in Heimeshoff v. Hartford Life & Accident Insurance Co.
By Stephen Rosenberg on
Posted in Long Term Disability Benefits
Well, the oral argument in Heimeshoff v. Hartford Life & Accident Insurance Co. is fascinating, in that the Court’s questioning and counsels’ argument all focus on practicalities, in the sense of when should the time period run and how, and when, will any particular rule actually impact, in a negative way, either the plan…
Me, Massachusetts Lawyers Weekly and Gross v. Sun Life
Eric Berkman’s article in this week’s Massachusetts Lawyers Weekly on Gross v. Sun Life, in which I am quoted, does an excellent job of explaining the case, particularly to those readers who do not have years of experience with ERISA cases, benefit litigation, or the long history of the law in this circuit…
A State of the Art ERISA Benefits Decision from the First Circuit: Gross v Sun Life
By Stephen Rosenberg on
Great, great decision out of the First Circuit a few days ago on ERISA benefits litigation, covering, in no particular order: what language is necessary to establish discretionary review; when does the safe harbor exception to preemption apply; when is an LTD policy part of an ERISA governed plan; the proper weight and mode of…
Why Discretionary Review Is Not Unconstitutional
By Stephen Rosenberg on
Posted in Long Term Disability Benefits, Standard of Review
Attorneys Jonathan Feigenbaum and Scott Riemer, who represent claimants in long term disability cases, have published a fascinating article, titled “Did the Supreme Court Flunk Constitutional Law when it Permitted Discretionary Review of Insured ERISA Benefits Cases?” In it, they argue, not surprisingly given the title, that it is unconstitutional for courts to apply…
Who Should Pay the Medical Bills of Retired NFL Players?
By Stephen Rosenberg on
Posted in Long Term Disability Benefits
I don’t think there’s a better sportswriter working regularly right now than Sally Jenkins, whose sportswriter father, Dan Jenkins, is personally responsible for my decision, more than a quarter century ago, to attend law school: his sportswriting was so strong, so funny, that it made it obvious that I would have been out…