K.D. v. Anthem Blue Cross, No. 2:21-cv-343-DAK-CMR, 2023 WL 6147729 (D. Utah Sep. 20, 2023) (Judge Dale A. Kimball)
Despite Congress’ clear and repeated attempts to eliminate disparities in the treatment of mental health and addiction claims when compared to other kinds of claims for medical benefits, ERISA plaintiffs have had only rare success…
Your ERISA Watch has a skeleton crew this week, so there are fewer summaries and they are lighter on detail than usual. As always, we have included links to all of our decisions in case any of these summaries whet your appetite and you want to dive in and get more detail.
The notable decision…
Rose v. PSA Airlines, Inc., No. 21-2207, __ F.4th __, 2023 WL 5839282 (4th Cir. Sept. 12, 2023) (Before Circuit Judges Richardson, Quattlebaum, and Heytens)
One of the thorniest issues in ERISA litigation is what ERISA § 502(a)(3) means when it says a benefit plan beneficiary can sue for “other appropriate equitable relief.” What…
ForUsAll, Inc. v. United States Dep’t of Labor, No. 22-cv-1551 (CRC), 2023 WL 5559682 (D.D.C. Aug. 29, 2023) (Judge Christopher R. Cooper)
Concerned about the rise in and volatility of cryptocurrency investments, the Department of Labor (“DOL”) issued a Compliance Assistance Release last year entitled “401(k) Plan Investments in ‘Cryptocurrencies’” which cautioned fiduciaries that…
Wit v. United Behav. Health, No. 20-17363, 2023 WL 5356640 (9th Cir. Aug. 22, 2023) (Before Circuit Judges Christen and Forrest, and District Judge Michael M. Anello)
As the title indicates, this is the third time the Ninth Circuit has wrestled with this long-running class action alleging that insurance giant United Behavioral Health (“UBH”)…
Pharm. Care Mgmt. Ass’n v. Mulready, No. 22-6074, __ F. 4th __, 2023 WL 5218138 (10th Cir. Aug. 15, 2023) (Before Circuit Judges Phillips, Murphy, and Rossman)
Ah preemption, the thorniest of ERISA’s thorny issues. Like many courts before it, the Tenth Circuit last week addressed the effect of ERISA’s notoriously broad and amorphous…
Chavez v. Plan Benefit Servs., No. 22-50368, __ F. 4th __, 2023 WL 5160393 (5th Cir. Aug. 11, 2023) (Before Circuit Judges Wiener, Stewart, and Engelhardt)
Judicial decisions in ERISA cases usually do not have repercussions in the larger legal world, but this case presents a potential exception. The issue addressed by the Fifth…
Bugielski v. AT&T Servs., Inc., No. 21-56196, __ F.4th __, 2023 WL 4986499 (9th Cir. Aug. 4, 2023) (Before Circuit Judges Paez and Bade and District Judge Raner C. Collins)
Section 406(a) of ERISA prohibits benefit plan fiduciaries from entering into certain transactions with “parties in interest.” Prohibited transactions include the sale of property,…
Kairys v. S. Pines Trucking, Inc., No. 22-1783, __ F. 4th __, 2023 WL 4718509 (3d Cir. Jul. 25, 2023) (Before Circuit Judges Hardiman, Porter, and Fisher).
This week’s case of the week is a rare bird: an ERISA Section 510 trial ending in a favorable decision for the plan participant. Plaintiff Thomas J.…
Reetz v. Aon Hewitt Inv. Consulting, Inc., No. 21-2267, __ F. 4th __, 2023 WL 4552593 (4th Cir. Jul. 17, 2023) (Before Circuit Judges King, Richardson, and Keenan)
The October 20, 2021 edition of Your ERISA Watch covered the district court decision in this case as a “surprising loss for participants in Lowe’s 401(k)…
