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Proskauer ERISA Litigation Newsletter, July 2013

"[T]he U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the plan document when claims for benefits accrue. The decision may have significant implications for defending benefit claims based on a statute of limitations defense depending on the scope of the Court's ruling.... [A second article] discusses various benefit issues in Puerto Rico. In particular, ... the impact of the [ACA], ERISA and the PBGC."

Proskauer ERISA Litigation Newsletter, May 2013

Articles include: [1] U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring Classwide Proof of Damages; [2] District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds; [3] Monetary Damages Potentially Available For Inadequate Disclosure; [4] U.S. Supreme Court Rules That Plan Terms Trump Equitable Defense; and [5] U.S. Supreme Court Agrees To Hear Case On ERISA Statute of Limitations.

Proskauer ERISA Litigation Newsletter, April 2013

"The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must clearly state all of the types of claims that must be exhausted in order to prevent participants and beneficiaries from proceeding directly to court."

Proskauer ERISA Litigation Newsletter, March 2013

"This [issue of the newsletter] addresses the First Circuit's decision in Colby v. Union Sec. Ins. Co., which held that a risk of relapsing into drug addition can constitute a current disability, absent unambiguous plan language. This decision is directly at odds with a previous Fourth Circuit decision ... [This] article discusses the distinctions between the two cases as well as how to avoid this type of plan language pitfall."

Proskauer ERISA Litigation Newsletter, January 2013

Includes articles discussing: "[1] the role of expert evidence in class certification issues arising in ERISA litigations, and identifies particular areas where the Comcast ruling may have significant implications for ERISA practitioners.... [2] cost-control strategies for employers as they struggle with retiree-medical expenditures in the era of the ACA ... with practical advice for employers hoping to reduce retiree-medical costs while minimizing abrupt changes to coverage."

Proskauer ERISA Litigation Newsletter, December 2012

"[This edition explores] the arguments asserted by the parties in U.S. Airways v. McCutchen as to whether, and under what circumstances, plans may enforce provisions entitling them to reimbursement of previously paid medical benefits where the participant obtains a recovery from another source."

Proskauer ERISA Litigation Newsletter, November 2012

"[The] lead article reviews the recent decision in Janese v. Fay, in which the Second Circuit held that the trustees of multiemployer plans act in a non-fiduciary capacity when amending the plans they administer.... [The] second article looks at the impact of the [ACA] on benefits claims under ERISA ... [and] considers two open issues that are likely to result in litigation: the fiduciary status of independent review organizations (IROs) established by the ACA, and the standard of judicial review applicable to those IROs."

Proskauer ERISA Litigation Newsletter, October 2012

"[This issue discusses] the issues involved in whether and when arbitration may apply to ERISA claims and whether an employer or fiduciary may wish to require arbitration. [Recent court rulings] could permit plan sponsors to avoid defending class action ERISA claims in federal court by conditioning employment on arbitration agreements, as well as avoid classwide arbitration. However ... the recent case law applying the Supreme Court rulings in employment claims appears to suggest that some courts may look to find means to distinguish ERISA claims and thereby preclude the use of arbitration clauses in this manner."

Proskauer ERISA Litigation Newsletter, September 2012

"[This issue examines] the application of ERISA pre-emption to state-law misrepresentation claims by medical providers against ERISA plans or their insurers. The Fifth Circuit, which has issued several of the leading appellate decisions on ERISA pre-emption of provider claims, recently granted en banc review of such a claim in the Access Mediquip case. Oral argument is set for September 19, and the en banc ruling will likely have wide-ranging implications regarding the scope of ERISA pre-emption in the context of medical-provider claims."

Proskauer ERISA Litigation Newsletter, August 2012

"[The lead article analyzes] whether an employer's failure to satisfy ACA's new coverage requirements may lead to 'planwide' -- hence potential classwide -- litigation within ERISA's remedial framework, and offer[s] some thoughts on potential defenses and strategies to minimize exposure to such lawsuits."

Proskauer Rose ERISA Litigation Newsletter, July 2012

"[T]he authors examine the risks and exposures that employers may face in adjusting their programs to the new requirements imposed by the [ACA]. The authors also examine the litigation risks and potential causes of action that may arise in the wake of the [ACA]'s implementation. [A] second article examines deferred-compensation arrangements. Using recent judicial decisions as a guide, the author considers ERISA's relationship with deferred-compensation programs and ERISA's impact on disputes involving benefits payable under those programs. The author concludes with suggestions for employers considering such arrangements as part of their compensation programs."

Proskauer ERISA Litigation Newsletter, June 2012

"This [newsletter] examines the state of the law on two important areas of ERISA litigation -- contractual vesting of retiree medical claims and the exhaustion requirement. First, we examine the evolution of the Sixth Circuit's 'inference,' as articulated in Auto Workers v. Yard-Man, Inc., that an employer intended to provide retirees with lifetime benefits unless the language of the collective bargaining agreement provides otherwise. The case law over the past several years suggests a desire by at least some judges in the Sixth Circuit to find ways to pare back the application of this inference. Next, we discuss how the Supreme Court's decision in Conkright v. Frommert may provide a basis for moving the law in a helpful direction for plans seeking to rely on the exhaustion defense."

Proskauer ERISA Litigation Newsletter, May 2012

Articles include: Health Care Reform Remains Alive and Well as DOL Enforces ACA through Plan Audits; Class Warfare -- ERISA Class Litigation in Light of Wal-Mart v. Dukes; and Rulings, Filings, and Settlements of Interest.

Proskauer's ERISA Litigation Newsletter, April 2012

Articles include: Ninth Circuit Issues Significant Post-Amara Ruling on Equitable Remedies; Limiting ERISA's Limitations Period through the Use of Contractual Accrual Dates; and Rulings, Filings, and Settlements of Interest.

Proskauer ERISA Litigation Newsletter, November 2011

"[W]e review the [DOL's] decision to re-propose a controversial regulation expanding the definition of an ERISA fiduciary.... [Additional commentary addresses] high deductible health plan/health savings account re-design and planning for open enrollment; the constitutionality of the individual mandate under the [ACA] ... the Supreme Court's Decision in CIGNA Corp. v. Amara ... and reconciling obligations relating to the production of documents under ERISA Section 104(b)(4) versus the claims regulation[.]"

The Proskauer Rose ERISA Litigation Newsletter, September 2011

This month, we examine the requirements of the equitable surcharge remedy, recently recognized by the Supreme Court in CIGNA v. Amara as an appropriate vehicle for the recovery of monetary relief for breach of fiduciary duty. We also review the decision in Bacon v. Stiefel Laboratories, denying class certification because recovery depended on an individualized showing of reliance. The Florida district court's decision in Stiefel provides a roadmap for defending against class claims.

Proskauer Rose's ERISA Litigation Newsletter, January 2011 Issue

"This month's article takes a look back at some highlights from 2010 and offers some predictions about what's in store for 2011. As the authors discuss ..., ERISA cases continue to get the attention of the U.S. Supreme Court.... The coming year also may be the year that significant decisions are issued with respect to the availability and scope of discovery in benefit cases, and the burdens of proof in plan communication claims."

Proskauer Rose's ERISA Litigation Newsletter, December 2010 Issue

Excerpt: The Supreme Court is expected to rule in Spring 2011 in the case of CIGNA Corp. v. Amara. As the authors explain below, depending on the breadth of the Supreme Court's ruling, the decision could have widespread implications on the sustainability of a large variety of claims under ERISA that are premised on allegations of faulty communications.

Proskauer Rose's ERISA Litigation Newsletter, August 2010

Excerpt: [The Edison case, being the first 'excessive fees' case to go to judgment following a trial,] illustrates that it may be worthwhile for plan sponsors to consider structuring their plans so that the plan's administrative costs are borne by the plan, not the plan sponsor. Such a structure can lessen or eliminate claims of conflicts when revenue sharing is used to effectively lower a plan's administrative expenses.

Proskauer Rose ERISA Litigation Newsletter - March 2010

Includes 'Third Circuit Applies Statutory Prohibition on Pension Benefit Cutbacks to a Welfare Plan', 'District Court Dismisses Claims against Kraft 401(k) Plan Fiduciaries, Continuing String of Successful Defenses to Suits Challenging 401(k) Plan Fees and Expenses', and 'Rulings, Filings and Settlements of Interest.