Category Archives: Litigation Issues

When does the Clock Start Ticking For the Deadline to File an ERISA Suit?

My Friend Steve Krafchick, one of the best ERISA lawyers in the country, handled a case for Ms. Julie Heimeshoff against Hartford. The insurance policy said that any suit for benefits against Hartford had to be filed within 3 years of the date proof of loss was first due. As a general rule, proof of […]

View full post »

Book Review: ERISA Benefits Litigation Answer Book 2013

I recently received an inquiry from the Practicing Law Institute asking whether I would be interested in reviewing a new book, ERISA Benefits Litigation Answer Book 2013, by Craig C. Martin and Amanda S. Amert. I googled the authors and discovered that they are partners at Jenner & Block, a firm of approximately 450 lawyers. […]

View full post »

May You File an ERISA Suit Anywhere?

I suspect that most people who are asked that question would answer it with a question:  Why does it matter? Although the Supreme Court has referred to ERISA as a “fully articulated statute” (presumably meaning that it is self-contained) that is not the case in reality.  The statutes that make up ERISA are silent on […]

View full post »

Kentucky Court Holds Insurer is Proper Party Defendant

An issue that crops up often in ERISA litigation is just who can be sued.  A strict interpretation of the statute would lead one to the conclusion that only the “plan administrator” can be sued.  Unfortunately, the plan administrator is often a fictitious entity with no assets and no ability to respond to a judgment. […]

View full post »

Court rules that ERISA plaintiff can introduce new legal theory in court litigation

A federal district court in North Carolina recently ruled that an ERISA claimant may raise legal issues not raised in the administrative process.  Vincent v. Lucent Technologies, Inc., 3:07-CV-240 (WD NC 8/24/2010) Plaintiff was a Lucent employee whose job was outsourced to another company.  Although working for a different company, Ms. Vincent “remained in the […]

View full post »