ERISA litigation remains steady, including cases brought by plan participants, beneficiaries and providers challenging denials of benefits. Defending benefits denial cases involves several procedural and substantive tactics.
Counsel must be vigilant in identifying removal opportunities and leveraging other effective defense approaches. Potential tools in the defense attorney’s arsenal include lack of standing, preemption, failure to exhaust administrative remedies, expiration of the statute of limitations and claims-based limitations defenses.
The panel will review these and other key issues:
- How can plans preserve and maximize their procedural and substantive defenses through plan design?
- What has been the impact of recent case law on the review of claim administrators’ determinations?
- What are best practices for preparing during the administrative process for responding to conflict discovery and protecting the administrative record?
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