Robinson+Cole ERISA Claim Defense Blog

The Employee Benefits Security Administration issued Information Letter 06-14-2021 stating that 29 C.F.R. § 2560.503-1 requires plan fiduciaries to disclose, on request, recordings and/or transcripts of phone calls between the…more

Claim Procedures, Disclosure Requirements, EBSA, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Gregory Bennici

Ninth and Second Circuit Courts of Appeals Rule that Preauthorization Process Does Not Impose Independent Contractual Liability on Issues of First Impression in Both Circuits

Within days of one another, the U.S. Court of Appeals for the Ninth and Second Circuits ruled—on issues of first impression for both—that ERISA expressly preempts state law breach of contract and promissory estoppel claims…more

Breach of Contract, Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Health Insurance

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Sandra Marin Lautier

Court Awards Pre-Judgment Interest To Kentucky Plaintiff at Massachusetts State Rate but Declines Boston Attorney Rates for Kentucky Lawyer

In Gross v. Sun Life Assur. Co. of Can., No. 09-11678-RWZ, 2018 U.S. Dist. LEXIS 107918 (D. Mass. June 28, 2018), a District Court decided the appropriate prejudgment interest rate for a Kentucky resident was the Massachusetts…more

Attorney's Fees, Canada, Denial of Benefits, Employee Retirement Income Security Act (ERISA), Insurance Industry

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Matthew Mazzola

Ninth Circuit Rejects Arguments Challenging the Enforceability of an ERISA Plan Anti-Assignment Provision

In Eden Surgical Ctr. v. Cognizant Tech. Sols. Corp., No. 16-56422, 2018 U.S. App. LEXIS 10597 (9th Cir., Apr. 26, 2018), the U.S. Court of Appeals for the Ninth Circuit upheld the District Court’s Order dismissing the Complaint…more

Anti-Assignment Clauses, Appeals, Assignment of Benefits (AOB), Dismissals, Employee Benefits

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Linda Morkan

ERISA § 502(c)(1) Claim for Statutory Penalties is Barred by One-Year Statute of Limitations, Second Circuit Holds

Deciding an issue of first impression, the U.S. Court of Appeals for the Second Circuit recently held that a plaintiff’s claim under ERISA § 502(c)(1) was barred by Connecticut’s one-year statute of limitations for an action…more

Civil Monetary Penalty, Employee Retirement Income Security Act (ERISA), Section 502, Statute of Limitations

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Jovana Vujovic

Sixth Circuit Finds No Fiduciary Duty To Give Notice Of Conversion/Portability Rights On Termination Of Employment

In Vest v. Resolute FP US, Inc., 905 F.3d 985 (6th Cir. 2018), the Sixth Circuit Court of Appeals upheld dismissal of a claim by the beneficiary of a deceased employee that the employer breached its fiduciary duty under ERISA…more

Appeals, Breach of Duty, Conversion, Decedent Protection, Employee Benefits

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Robinson+Cole ERISA Claim Defense Blog

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