Tag Archives: ERISA

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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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. […]

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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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ERISA Claimants’ Counsel’s Tactics Don’t Always Work

As anyone familiar with ERISA litigation knows, the disabled worker’s counsel has very few arrows in his quiver. The record that the court reviews is the file maintained by the claims administrator, usually an insurance company. Often, the lawyer doesn’t see the record until all deadlines to supplement it have lapsed. This happens when a […]

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