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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."