Category Archives: Equity

Court Awards ERISA Plaintiff Attorney Fees – Case Settled After Suit Filed

ERISA (Employee Retirement Income Security Act of 1974) provides that “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” In a 2010 case, the Supreme Court held that a party does not need to be a “prevailing party” (usually thought of as the party who won […]

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Insurance Companies Allowed to Keep Profits on Beneficiaries’ Money

Why do district courts ignore compelling Supreme Court precedent in ERISA benefits cases? In a recent case from Texas, Lopez v. Liberty Life, a district court judge did just that. And, unfortunately, it’s not unusual. But, they seem to do it only in ERISA benefits cases. The judicial cards are already stacked against a party […]

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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 […]

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The Good Guys Win Another One

Last week the Supreme Court of the United States refused to hear Unum Insurance Company’s application to review the decision of the 9th Circuit Court of Appeals in which that court ruled that Unum could not recover the amount of   Social Security benefits paid to one of its disabled insureds. Background In Bilyeu v. Morgan Stanley Long Term […]

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