This month's Friday Five covers cases relating to preemption, anti-assignment provisions, discretionary clause bans and the "de facto" administrator theory. We also examine a case upholding a denial of accidental death...more
This month’s Friday Five examines cases applying an arbitrary and capricious standard of review and recent “church plan” jurisprudence, and cases that address the issue of a participant’s burden to prove that disease did not...more
This month’s Friday Five covers cases that explore a variety of situations where courts consider what level of deference, if any, they must provide in reviewing decisions made by ERISA fiduciaries....more
This month’s Friday Five covers cases relating to claims handling and the standard of review, as well as the proper parties to litigation.
Does using the same physician for initial claim review and appeal violate ERISA...more
This month’s Friday Five considers the potential impact of the DOL’s new regulations. We also cover recent cases relating to the important issues of overpayment recovery and AD&D policy coverage....more
This month’s edition of The Friday Five highlights the disparity in outcomes across the courts for and against insurers in this area of the law. With the new DOL regulations set to take effect in one month, we will be...more
ERISA cases related to life insurance policies and related benefits were the focus of a number of reported decisions at the end of 2017 and continuing into the new year. This month’s issue of The Friday Five highlights four...more
On November 29, 2017, the Department of Labor (DOL) further delayed and extended the applicability date of the 2016 Final Rule amending claims procedures for ERISA-covered employee benefit plans. Previously, the Final Rule...more
On February 10, 2017, the New York State Supreme Court, Appellate Division (the court), upheld New York City’s (the City) sodium warning rule (the Rule). The Rule requires covered establishments (i.e., chain food service...more
In early February 2017, Arby’s Restaurant Group, Inc. became the latest retailer to report that it has suffered a large data breach affecting approximately 1,000 corporate restaurants and impacting as many as 350,000 credit...more
In a first of its kind opinion, a New Jersey district court holds that the FTC has the authority to set a standard for consumer data security and that it can sue for breach of that standard under its authority to bring...more
In This Issue:
- Southern District of New York Orders Arbitration Panel to Proceed with Umpire Selection:
Finding the Federal Arbitration Act mandates that a provision in a reinsurance agreement establishing a...more
12/18/2012
/ Arbitration ,
Arbitration Agreements ,
AT&T Mobility ,
Class Action ,
Federal Arbitration Act ,
Motion to Compel ,
Nitro-Lift Technologies ,
Non-Compete Agreements ,
Reinsurance ,
Waivers ,
Wells Fargo
In This Issue:
- Illinois District Court Finds Revenue-Sharing Agreement Between Reinsurer and Broker to be Ambiguous:
A Northern District of Illinois judge denied cross-motions for summary judgment filed by a...more
11/21/2012