by Cody AllisonOakley v. Remy International, Inc.
In this 2010 Middle District of Tennessee Case, the only connection between Tennessee and the putative class action filed under the Labor Management...
Read Moreby Cody AllisonExhaustion of Remedies
Below is an example of a provision in a long-term disability policy that can act as a "roadblock" to making a successful claim through the courts. In this...
Read Moreby Cody AllisonNew ERISA Claims Procedures
Below is a discussion of new procedures in making a long-term disability claim under ERISA. Remember, these procedures are subject to change. If you need...
Read Moreby Cody AllisonLong-Term Disability Benefits Litigation Study
Below are the results of a study done on litigation of long-term disability benefits. As you can see, these take up a lot of the litigation in the...
Read Moreby Cody AllisonTALANA ORZECHOWSKI v. BOEING COMPANY; AETNA LIFE INSURANCE COMPANY,
Below is another case that examines a termination of ERISA long-term disability benefits for abuse of discretion. This is a very important determination...
Read Moreby Cody AllisonLTD/STD Basics
Below is some basic information about long-term disability policies and short term disability policies to help you better understand the rules relating to...
Read Moreby Cody AllisonSmith v. Texas Children’s Hospital
The case below discusses whether fraudulent inducement is available as a cause of action under ERISA and, if so, how that claim is to be preserved....
Read Moreby Cody AllisonStrong ERISA Opinion by the Sixth Circuit
The case below deals with the "objective findings" standard and what is a covered disability under an ERISA plan. It can often be difficult for a...
Read Moreby Cody AllisonDiscovery in ERISA Lawsuits
The case below addresses issues of discovery in ERISA lawsuits. "Discovery" is the legal term for the procedures that lawyers use to find out...
Read Moreby Cody AllisonA Great ERISA Decision – Seventh Circuit Court of Appeals
This court opinion once again examines what sort of decision is "arbitrary and capricious" when a plan adjuster denies a claim. In these type of claims,...
Read More