ERISA plaintiff could show subject matter jurisdiction 
Published: January 25, 2012
Tags: ERISA, jurisdiction
An ERISA plaintiff was not required to show that he was a plan participant for the purpose of establishing subject matter jurisdiction in his lawsuit challenging the termination of his long-term disability benefits, the 9th Circuit has ruled in reversing a dismissal.
Employment law survey reveals key trends
Published: January 19, 2012
Tags: AT&T Mobility v. Concepcion, Department of Labor, DOL, EEOC, Equal Employment Opportunity Commission, ERISA, fair labor standards act, FLSA, Seyfarth Shaw, wage and hour, Wal-Mart v. Dukes
National employment law firm Seyfarth Shaw recently released its annual survey of employment law cases, summarizing key trends in the field from U.S. Supreme Court decisions to state and federal court decisions and regulatory actions.
ERISA doesn’t preempt hepatitis claim
Published: January 5, 2012
Tags: ERISA, negligence, preemption
An insured who contracted hepatitis C at an endoscopy clinic could sue her managed care organization for negligently failing to ensure the safety of her ERISA plan’s medical provider network, the Nevada Supreme Court has ruled in reversing a dismissal.
ERISA doesn’t block attachment of father’s retirement funds
Published: January 3, 2012
Tags: child support, ERISA, QDRO, qualified domestic relations order
Federal law did not prevent a mother from obtaining an order to attach her husband’s retirement account for the purpose of paying a substantial child support arrearage that had accrued during the parties’ divorce proceedings, the Virginia Court of Appeals has ruled in reversing judgment.
2011 employment law news wrap-up
Published: December 28, 2011
Tags: cat’s paw theory, E-verify, EEOC, employee misclassification, Equal Employment Opportunity Commission, ERISA, fair labor standards act, National Labor Relations Board, NLRB, sexual harassment, social media, social media policies
Employment law has been a hot practice area and 2011 did not disappoint. Here are some of the highlights of the past year’s most notable employment law stories:
ERISA preempts state law on post-divorce beneficiaries
Published: December 7, 2011
Tags: divorce, ERISA, life insurance
A state probate law that extinguishes the right of a divorced spouse to receive life insurance benefits as a named beneficiary is preempted by ERISA, the Pennsylvania Supreme Court has ruled in reversing judgment.
ERISA pension plan subject to $1.5 million judgment
Published: December 1, 2011
Tags: divorce, ERISA
The anti-alienation rule of ERISA does not prevent the enforcement of $1.5 million judgment against a pension plan that mistakenly credited amounts to a participant’s former wife, the 2nd Circuit has ruled in affirming judgment.
ERISA plan’s reimbursement rights limited
Published: November 21, 2011
Tags: ERISA, unjust enrichment
An ERISA plan’s right to obtain reimbursement from an insured’s personal injury settlement is subject to the equitable defense of unjust enrichment, the 3rd Circuit has ruled in reversing a $66,900 judgment.
ERISA pension claims may be time-barred
Published: November 7, 2011
Tags: class action, disability benefits, ERISA, statute of limitations
Claims in an ERISA class action may be time-barred because they accrued when the individual plaintiffs knew or should have known that they were being underpaid due to a miscalculation of union pension benefits, the 2nd Circuit has ruled in reversing judgment.
Managed care organization can’t be sued for negligence
Published: November 2, 2011
Tags: ERISA, managed care organization, negligence, preemption
Federal law preempts negligence claims against a managed care organization that allegedly chose an unsafe medical provider for a union employee’s health care plan, the Nevada Supreme Court has ruled in affirming a summary judgment.
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