Court Awards Accidental Death Benefits for Fatal Overdose of Prescription...
Long-term disability cases generate an enormous amount of litigation, almost always in federal court because of the scope of ERISA pre-emption. ERISA also bars state law claims, such as negligence...
View ArticleERISA Pre-emption, Continued
A few days ago, I wrote about a recent United States District Court decision awarding benefits to the widow of a man who had accidentally overdosed on prescription medications. I noted that based...
View ArticleWal-Mart Reverses Its Position on Subrogation Against Accident Victim’s Recovery
Apparently, the negative publicity surrounding Wal-Mart’s decision to pursue reimbursement for Debbie Shank’s medical expenses from the remainder of her personal injury settlement made it rethink...
View ArticleSCOTUS Rules in ERISA Conflict of Interest Appeal
An issue that always has to be addressed in ERISA disability claims is the standard of review to be applied to the plan administrator’s decision. If the plan language does not confer discretion on...
View ArticlePlaintiff Cannot Remove an Action to Federal Court Based on Counterclaim
My thanks to Rob Hoskins for his post at www.ERISABoard.com about a recent decision from the Northern District of West Virginia that presents a twist on the typical removal-remand scenario. Before I...
View ArticleFourth Circuit Rules for Plaintiff Over $40 Medical Bill
Here’s an update on Samuel Juniper’s lawsuit against his employer, M&G Polymers USA, LLC. If you’ve forgotten, Juniper successfully sued M&G last year after Aetna, M&G’s health insurer,...
View ArticleERISA Plan’s Subrogation Claim Must Be Brought in Federal Court
I hope everyone is enjoying their holidays. I haven’t written in the past few weeks due to a death in my family, but I’m back in my office and resuming work, including catching up on decisions and...
View ArticleWV Federal Courts Address ERISA Preemption, Jurisdiction
Two recent decisions from federal courts in West Virginia illustrate some procedural and substantive pitfalls that can arise in ERISA cases. In Conner v. Elkem Metals Co., 2008 WL 5122197 (S. D. W. Va....
View ArticleStephen Rosenberg Reports from ERISA’s Front Lines
Stephen D. Rosenberg, who writes the excellent Boston ERISA & Insurance Litigation Blog, was kind enough last week to post the materials he presented to a group of pension professionals and...
View ArticleSo Why Does the Plaintiff Even Have a Lawyer?
Before I get to my post, I want to note a change to the Supreme Court of Appeals of West Virginia’s schedule this week. The Court has canceled its motion and argument dockets for tomorrow, March 25,...
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