In Aisenberg v. Reliance Standard Ins. Co., No. 1:22cv125 (DJN), 2024 WL 2154739 (E.D. Va. May 14, 2024), Virginia Eastern District Judge David J. Novak granted Plaintiff’s Motion to Determine Sum Certain finding that Defendant Reliance Standard had abused
Roberts Disability Law
Roberts Disability Law is a Bay Area law firm that represents California employees and insureds in disputes under the Employee Retirement Income Security Act (ERISA). The firm is particularly focused on claims for disability and life insurance benefits. Roberts Disability Law represents its clients in all stages of an insurance claim, including assistance with filing a claim, submitting a pre-litigation appeal, filing a lawsuit in federal district court, and filing an appeal in the Courts of Appeals. Roberts Disability Law is proud to be a woman- and minority-owned law firm.
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https://robertsdisability.com/
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Third Circuit Revives Excessive Fee Litigation Against ERISA Retirement Plan Fiduciaries
Mator v. Wesco Distribution, Inc., No. 22-2552, __F.4th__, 2024 WL 2198120 (3d Cir. May 16, 2024) (Before: Hardiman, Porter, and Fisher, Circuit Judges).
Plaintiffs-Appellants Nancy and Robert Mator brought an action on behalf of themselves and other plan participants…
District Court Finds Guardian Improperly Applied a Pre-Existing Condition Exclusion to Deny Plaintiff’s ERISA-Governed Disability Claim
By Kristin Kyle
In Kim v. The Guardian Life Insurance Company of America, No. 823CV01579DOCADS, 2024 WL 2106240 (C.D. Cal. May 9, 2024), California Central District Judge David O. Carter granted judgment to Plaintiff finding that Guardian had improperly determined that Plaintiff’s…
Ninth Circuit Affirms Dearborn Insurance Company’s Denial of Life Insurance Waiver of Premium Benefits
In Wilcox v. Dearborn Insurance Company; Amgen, Inc. Life Insurance Plan, No. 23-55484, 2024 WL 2130598 (9th Cir. May 13, 2024), an unpublished opinion, the Ninth Circuit affirmed the district court’s judgment in favor of Dearborn Insurance Company on…
Ninth Circuit Revives ERISA Claims Against Northrop Grumman Over Inaccurate Pension Benefit Statements
In Bafford v. Admin. Comm. of Northrop Grumman Pension Plan, No. 22-55634, __F.4th__, 2024 WL 2067884 (9th Cir. May 9, 2024), decided by Circuit Judges Morgan Christen, Roopali H. Desai, and Anthony D. Johnstone, the Ninth Circuit again considered…
District Court Dismisses Plaintiff’s ERISA and non-ERISA Claims for Disability Benefits
By Kristin Kyle
In Diederichs v. FCA US LLC, No. 23-11287, 2024 WL 1957328 (E.D. Mich. Apr. 30, 2024), Michigan Eastern District Magistrate Judge Curits Ivy, Jr. granted Defendant’s motion to dismiss Plaintiff’s action seeking disability benefits under the employer’s Disability Assistance…
Seventh Circuit Upholds Hartford’s Denial of Disability Benefits to Claimant with Multiple Sclerosis
In Artz v. Hartford Life & Accident Ins. Co., No. 23-2269, __F.4th__, 2024 WL 1986000 (7th Cir. May 6, 2024), the Seventh Circuit affirmed the district court’s grant of summary judgment to Defendant Hartford Life & Accident Insurance Company…
Second Circuit Holds Arbitration Agreement Is Unenforceable Because of Prospective Waivers of Participants’ Substantive Statutory Rights and Remedies under ERISA
In Cedeno v. Sasson, No. 21-2891-CV, __F.4th__, 2024 WL 1895053 (2d Cir. May 1, 2024), a putative class action seeking relief under ERISA Section 502(a)(2), the Second Circuit Court of Appeals joined the Third, Seventh, and Tenth Circuit Courts…
District Court Permits Extra-Record Discovery to Demonstrate Reliance Standard’s Conflict of Interest and Its Effect on Disability Benefits Decision
By Kristin Kyle
In Stambaugh v. Reliance Standard Life Ins. Co., No. CV-23-08140-PCT-DLR, __F.Supp.3d__, 2024 WL 1854499 (D. Ariz. Apr. 22, 2024), Arizona District Judge Douglas L. Rayes granted Plaintiff’s motion for discovery of extra-record evidence finding that under an abuse of…
Eleventh Circuit Again Dismisses Provider Claim for ERISA Statutory Penalties Based on Language in Written Assignment of Rights and Benefits
In A. Griffin v. United Healthcare Services, Inc., No. 23-13429, 2024 WL 1855456 (11th Cir. Apr. 29, 2024), the Eleventh Circuit affirmed the dismissal of Dr. Griffin’s lawsuit seeking damages under 29 U.S.C. § 1132(c)(1) against United Healthcare Services,…