Attack on ERISA Preemption Continues…

By: Chris Aguiar, Esq. ERISA preemption seems like such a simple concept; further proof that reasonable minds can disagree.  In just the past 10 days we have received mixed messages from some of the highest courts in the country.  First it was the 8th Circuit’s unanimous pro-preemptio
Continue Reading →

District court grants trial-by-jury to ERISA plaintiff

Article Written by:  Richard Siegal   Taken From:  Employee Benefit News Like most such cases, the plaintiff, a putative class representative, alleged that the defendant fiduciaries should not have allowed participants in the 401(k) plan at issue to continue to invest their employer’s
Continue Reading →

Court Declines To Follow Amara Dicta On Surcharge And Denies Plaintiff’s Claim For Reimbursement For Denied Medical Procedure Under ERISA § 502(a)(3)

Plaintiff underwent back surgery that she believed to be covered by her health insurance plan — a fact she claimed was confirmed by an insurance plan representative.  Yet, after the procedure, the plan denied her claim because the plan’s terms excluded surgical procedures that were no
Continue Reading →