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30 Dec 2016Following up on my recent blog post about an interesting breach of fiduciary case in Louisiana, on December 29, 2016, the U.S. District Court for the District of Maryland partially denied a motion to dismiss seeking the dismissal of an ERISA breach of fiduciary duty claim brought by a plan participant as result of a material misrepresentation. See Damiano v.
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16 Dec 2016This morning, I came across a brief and interesting decision issued by the United States District Court for the Eastern District of Louisiana addressing the scope of equitable remedies available to participants in ERISA cases. In Lauga v. Applied-Cleveland Holdings, Case No. 16-14022 SECTION: "H"(3), 2016 U.S. Dist. LEXIS 173464 (E.D. La. December 15, 2016), the Court denied a
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02 Dec 2016Occasionally courts will remand a disability claim back to the plan’s claim administrator (often an insurance company) for further consideration if it finds that the claimant has been denied a full and fair review of his or her claim. The Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. (“ERISA”) and its claims regulations
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