Multi-Million Dollar Disgorgement Award Struck Down in Rochow – But the...
In December 2013, we published an article highlighting the Sixth Circuit Court of Appeals’ bold decision to award the plaintiff disability benefits plus $2.8 million in disgorged earnings, as a...
View ArticleDo Arbitration Clauses in Employment Contracts Automatically Preclude...
Many times, employees must sign written employment contracts before beginning a new position. These contracts generally set forth the terms of the relationship between the employer and employee. They...
View ArticleBreach of Fiduciary Duty under ERISA: Making the Insurer or Plan...
In a previous blog, we addressed the doctrines of equitable estoppel and waiver when the Employee Retirement Income Security Act of 1974 (“ERISA”) governs their insurance or pension plan. As we...
View ArticleBreach of Fiduciary Duty under ERISA: Ninth Circuit Clarifies That Mere...
In pension and savings plan cases, it can often take several years before an employee realizes that there has been a breach of fiduciary duty. Typically, an employee’s financial loss triggers an...
View ArticleBain v. Oxford Health Insurance: Judge Finds Insurer Liable for Breach of...
In a recent decision by the U.S. District Court for the Northern District of California, Bain v. Oxford Health Insurance, 2020 WL 808236, the Court held that it is an abuse of discretion for an...
View ArticleLos Angeles Daily Journal Publishes Article on March 6, 2020 by Robert...
In the March 6, 2020 issue of the Los Angeles Daily Journal, the Daily Journal published an article written by the McKennon Law Group PC’s Robert J. McKennon. The article addresses a recent case by...
View ArticleSecond Circuit Finds Plaintiff Properly Plead Theories of Equitable Estoppel,...
Big, bureaucratic insurance companies and plan administrators can often mistakenly calculate benefits or provide incorrect accountings to insureds. These mistakes can become especially pronounced...
View ArticleEighth Circuit Rules Against Fiduciary On Claim Alleging Misrepresentation of...
Signing up for employer benefit plans can be confusing and can lead to disputes where the parties are not careful. ERISA fiduciaries such as employers who sponsor benefit plans and insurers who fund...
View ArticleEighth Circuit Finds Insurer Breached Its Fiduciary Duty to Claimant by...
A recent trend of lawsuits has involved Insurers who seek to avoid paying out life insurance or disability insurance benefits even though they have collected premiums on the policy, because they and...
View ArticleInsurer and Fiduciaries Liable for Incorrect Calculations and Advice about...
Is an ERISA Insurer or Other Fiduciary Liable When They Incorrectly Calculate and Misrepresent the Amount of Your Plan Benefits? Most employee benefits are governed by a federal law called the Employee...
View ArticleSecond Circuit Finds Plaintiff Properly Plead Theories of Equitable Estoppel,...
Big, bureaucratic insurance companies and plan administrators can often mistakenly calculate benefits or provide incorrect accountings to insureds. These mistakes can become especially pronounced...
View ArticleEighth Circuit Rules Against Fiduciary On Claim Alleging Misrepresentation of...
Signing up for employer benefit plans can be confusing and can lead to disputes where the parties are not careful. ERISA fiduciaries such as employers who sponsor benefit plans and insurers who fund...
View ArticleEighth Circuit Finds Insurer Breached Its Fiduciary Duty to Claimant by...
A recent trend of lawsuits has involved Insurers who seek to avoid paying out life insurance or disability insurance benefits even though they have collected premiums on the policy, because they and...
View ArticleInsurer and Fiduciaries Liable for Incorrect Calculations and Advice about...
Is an ERISA Insurer or Other Fiduciary Liable When They Incorrectly Calculate and Misrepresent the Amount of Your Plan Benefits? Most employee benefits are governed by a federal law called the Employee...
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