ERISA doesn’t completely preempt suit over pension rights 
Published: May 15, 2013
Tags: breach of contract, ERISA, preemption, supplemental executive retirement plan
A tortious interference suit over contractual obligations arising under a pension plan was not completely preempted by ERISA, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
ERISA plan could sue special needs trust
Published: May 10, 2013
Tags: ERISA, reimbursement, special needs trust
An ERISA plan could sue a special needs trust in order to obtain reimbursement for medical costs borne on behalf of a plan beneficiary injured in an automobile accident, the en banc 5th U.S. Circuit Court of Appeals has ruled in reversing judgment.
ERISA
Published: April 16, 2013
Tags: ERISA, reimbursement, U.S. Supreme Court, unjust enrichment
A federal court could not apply equitable principles to rewrite contractual language in an ERISA plan it deemed unfair.
See “Courts can’t rewrite contract language in ERISA plan”
U.S. Supreme Court. US Airways v. McCutchen, No.
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Courts can’t rewrite contract language in ERISA plan
Published: April 16, 2013
Tags: ERISA, reimbursement, U.S. Supreme Court, unjust enrichment
A federal court could not apply equitable principles to rewrite contractual language in an ERISA plan it deemed unfair, the U.S. Supreme Court has ruled.
ERISA
Published: April 16, 2013
Tags: ERISA, long-term disability benefits, statute of limitations, U.S. Supreme Court
When does the statute of limitations accrue for the judicial review of an ERISA disability benefits adverse determination?
See “Court to decide when clock begins to run in ERISA suit”
Court to decide when clock begins to run in ERISA suit
Published: April 16, 2013
Tags: ERISA, long-term disability benefits, statute of limitations, U.S. Supreme Court
The U.S. Supreme Court will decide when the statute of limitations accrues for the judicial review of an ERISA disability benefits adverse determination.
Divorced woman can’t share in pension benefits
Published: April 1, 2013
Tags: ERISA, pension, QDRO, qualified domestic relations order
A divorced woman waited too long to obtain a domestic relations order to enforce her right to 50 percent of her former husband’s pension benefits, the Minnesota Supreme Court has ruled in affirming judgment.
ERISA plan could sue to recover overpaid benefits
Published: March 18, 2013
Tags: disability benefits, ERISA, restitution
An ERISA plan could maintain an action in federal court seeking the return of overpaid disability benefits, the 2nd U.S. Circuit Court of Appeals has ruled in reversing a summary judgment.
ERISA plaintiff can recoup lost pension benefits
Published: March 11, 2013
Tags: ERISA, pension
A former AT&T employee was entitled to recoup benefits lost because she misunderstood when she would become eligible for her pension, the 4th U.S. Circuit Court of Appeals has ruled in affirming a $122,000 judgment.
Recovering addict can get LTD benefits
By:
Thomas E. Egan and David E. Frank
Published: February 10, 2013
Tags: drug addiction, ERISA, long-term disability benefits, substance abuse
An insurance company must pay long-term disability benefits to a drug-addicted doctor for periods during which she was drug-free but at risk for a relapse, the 1st U.S. Circuit Court of Appeals has ruled.
