Author ArchivesMike Reilly, J.D., Lane Powell PC, http://www.lanepowell.com/2581/d-michael-reilly/
Many ERISA plans have venue provisions. The Secretary of Labor has argued in litigation, however, that these provisions are “incompatible with ERISA.”
What happens when the district court orders a remand to the ERISA plan administrator?
You already know that in ERISA cases a court may, in its discretion, award attorney fees if a party achieved “some degree of success on the merits.” Is the mere filing of a lawsuit, before Plaintiff’s ERISA-governed disability benefit claim is granted, sufficient to win an award attorney fees? NO. Here’s the case of Koloff v. MetLife […]
Does your ERISA claim benefit denial letter preserve the contractual limitations defense?