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ERISA News

California Health Provider, Others Can’t Sue Under ERISA Claims

San Francisco, CA: Two lawsuits aimed at defeating a request for reimbursement of funds under ERISA were struck down by the Ninth Circuit on grounds that plaintiff actions did not qualify under ERISA. A lower court came to the same conclusion over claims made in the two ERISA lawsuits.

April 8, 2017

California ERISA Lawsuit Settled for $2.75 Million

Thousand Oaks, CA: As we move ever closer to tax time, which is also a time when investors review their investments to maximize returns, a look back in the rear view mirror reminds us of a multi-million dollar ERISA settlement announced late last year that hinged on the fiduciary duties of those entrusted with growing, and managing retirement funds according to tenets of the Employee Retirement Income Security Act (as amended, 1974).

March 2, 2017

California ERISA Lawsuit Drags on for a Decade, Remains Unresolved

Los Angeles, CA: In the latest salvo of an ERISA lawsuit that’s been ongoing for a decade now, employees of Northrop Grumman Corp. (plaintiffs in the ERISA complaint) this week made a request to a federal judge in California asking that certain witnesses for the defense should be blocked from testifying, together with various audits performed by the US Department of Labor (DOL). The plaintiffs hold that audit documents, and the testimony from the named witnesses, should be deemed as inadmissible.

February 2, 2017

A California ERISA Potpourri to begin the New Year

Los Angeles, CA: Something old and something new to begin the year on the California ERISA file. ERISA is the Employee Retirement Income Security Act (as amended 1974), a federal statute that also reaches into individual states and is designed to protect the rights, and the future incomes of workers having already retired, or nearing retirement and already beyond their peak earning years.

January 12, 2017

US Supreme Court to Review ERISA Findings from Appellate Courts

Washington, DC: A court challenge that pits church-based health networks against ERISA provisions and interpretations is to be heard by the highest court in the land, following notification on December 2 that the US Supreme Court is going to weigh in by agreeing to review recent decisions by the appellate courts. As one of the health networks is based in California, the case is expected to have some influence and impact on California ERISA labor law.

December 11, 2016

California ERISA Lawsuit Alleges Pension Underfunding Worth $1.2 Billion

Los Angeles, CA: A California ERISA lawsuit is demonstrative of the interpretation possible with regard to just what is, and isn’t a so-called ‘church’ pension plan. The latter is a less-restrictive, less-regulated entity that is not required to meet the normally strict guidelines and requirements for managing an employee pension plan under provisions of the Employee Retirement Income Security Act, as amended in 1974.

September 23, 2016

Florida Blue Agrees to Settle ERISA Lawsuit

Sacramento, CA: Florida Blue has agreed to settle an ERISA lawsuit, in a move that could have implications for a similar lawsuit filed in California. The lawsuit involves the insurer's refusal to cover Harvoni, a potentially life-saving drug that has been shown to successfully treat hepatitis C.

July 22, 2016

Tibble ERISA Lawsuit Dismissed

San Francisco, CA: An ERISA lawsuit nine years in the making has been dismissed, after making its way from the California courts up to the Supreme Court and being sent back to the lower courts. The lawsuit, which alleged violations of the Employee Retirement Income Security Act (ERISA), claimed breach of fiduciary duty. Now, the Ninth Circuit has dismissed the lawsuit, finding that the plaintiffs should have raised the claim of improper plan monitoring before the case went to the Supreme Court.

May 15, 2016

Court Grants Class-Action Status to ERISA Lawsuit

Los Angeles, CA: A California District Court judge has granted class certification to a California ERISA lawsuit filed against Transamerica Life Insurance Company. The lawsuit, filed by Jaclyn Santomenno and others, alleged Transamerica charged excessive fees, in violation of the Employee Retirement Income Security Act (ERISA).

March 23, 2016

Cigna Settles ERISA Lawsuit

Los Angeles, CA: Cigna has agreed to settle an ERISA lawsuit alleging patient harassment. The ERISA lawsuit was filed against Cigna by Nutrishare Inc, an intravenous nutrition provider. In the lawsuit, Nutrishare alleged Cigna harassed patients who attempted to use out-of-network benefits and denied coverage that should have been allowed.

January 29, 2016
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