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“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
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Search the News Archive
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20 Matching News Items |
| 1. |
The Wagner Law Group in Benefits Law Journal
Nov. 3, 2016
17 pages. "While most group health plans contain an exclusion for medical and investigational procedures, the scope and the pace at which medical procedures and treatments are tested in the 21st century makes this an extremely difficult standard to apply. There is no bright-line test, experts frequently disagree as to when the line has been crossed, and in some instances the stakes are literally life and death. This article discusses some potential pitfalls for plan administrators and offers suggestions on how to address this difficult aspect of group health care administration."
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| 2. |
The Wagner Law Group in Benefits Law Journal
Feb. 19, 2025
"While there was some initial reluctance to apply the unclean hands doctrine to enforcement suits brought under ERISA, 'because its application would significantly harm innocent parties, namely, participants and beneficiaries,' federal courts have considered and applied the doctrine of unclean hands to bar a plaintiff's recovery in an ERISA action. If a claim is equitable in nature under ERISA Section 502(a)(3), the unclean hands doctrine is available as a defense. "
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| 3. |
The Wagner Law Group in Benefits Law Journal
Mar. 25, 2022
17 pages. "Rooted in the common law of trusts, the fiduciary exception is based upon the rationale that the benefit of any legal advice obtained by a trustee regarding matters of plan administration runs to the beneficiaries. ... Applying the ERISA fiduciary's role to the role of trustees at common law, courts have relied upon one of two related rationales in recognizing the fiduciary exception."
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| 4. |
The Wagner Law Group in Benefits Law Journal
Apr. 3, 2023
"n this article, the author examines the duty of impartiality, observing that although it is infrequently discussed in the case law, it is an important element of the common law of trusts of which practitioners should be aware."
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| 5. |
The Wagner Law Group in Benefits Law Journal
Mar. 5, 2019
"Respondeat superior claims in the ERISA context may be made in one of two ways; while there is no circuit split on this issue, there is a split of authority as to the manner in which these claims should be addressed, and this article considers these rulings."
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| 6. |
The Wagner Law Group in Benefits Law Journal
June 7, 2024
12 pages. "Although there are some contrary holdings, the great majority of cases hold that state law claims of undue influence with respect to ERISA plans are preempted by ERISA. That a counterclaim involves a dispute over a change of beneficiary form in no way defeats ERISA preemption."
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| 7. |
The Wagner Law Group in Benefits Law Journal
July 27, 2016
15 pages. "This article discusses in detail how courts are divided on the issue of the enforceability of forum selection clauses in ERISA plans."
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| 8. |
The Wagner Law Group in Benefits Law Journal
June 30, 2022
"[In] most cases, a court will find that, even where the presumption against suicide in claims for benefits under accidental death or accidental death and disability policies is the correct standard, there was sufficient evidence in the record to rebut the presumption."
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| 9. |
The Wagner Law Group in Benefits Law Journal
June 1, 2022
12 pages. "[In] most cases, a court will find that, even where the presumption against suicide in claims for benefits under accidental death or accidental death and disability policies is the correct standard, there was sufficient evidence in the record to rebut the presumption."
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| 10. |
The Wagner Law Group in Benefits Law Journal
Mar. 25, 2024
"[B]ecause reformation is a form of equitable relief, courts have sustained claims for equitable relief under ERISA Section 502(a)(3).... [In] the absence of fraud or inequitable conduct, a unilateral mistake will generally not justify the equitable reformation of a contract ... In the context of ERISA plans, mistake is measured by comparing the actual terms of the plan to the baseline of the beneficiaries' objective, reasonable expectations about the scope of benefits provided."
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