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Court Awards Accidental Death Benefits for Fatal Overdose of Prescription...

    Long-term disability cases generate an enormous amount of litigation, almost always in federal court because of the scope of ERISA pre-emption.  ERISA also bars state law claims, such as negligence...

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ERISA Pre-emption, Continued

    A few days ago, I wrote about a recent United States District Court decision awarding benefits to the widow of a man who had accidentally overdosed on prescription medications.  I noted that based...

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Wal-Mart Reverses Its Position on Subrogation Against Accident Victim’s Recovery

    Apparently, the negative publicity surrounding Wal-Mart’s decision to pursue reimbursement for Debbie Shank’s medical expenses from the remainder of her personal injury settlement made it rethink...

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SCOTUS Rules in ERISA Conflict of Interest Appeal

    An issue that always has to be addressed in ERISA disability claims is the standard of review to be applied to the plan administrator’s decision.  If the plan language does not confer discretion on...

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Plaintiff Cannot Remove an Action to Federal Court Based on Counterclaim

 My thanks to Rob Hoskins for his post at www.ERISABoard.com about a recent decision from the Northern District of West Virginia that presents a twist on the typical removal-remand scenario.  Before I...

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Fourth Circuit Rules for Plaintiff Over $40 Medical Bill

Here’s an update on Samuel Juniper’s lawsuit against his employer, M&G Polymers USA, LLC.  If you’ve forgotten, Juniper successfully sued M&G last year after Aetna, M&G’s health insurer,...

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ERISA Plan’s Subrogation Claim Must Be Brought in Federal Court

I hope everyone is enjoying their holidays.  I haven’t written in the past few weeks due to a death in my family, but I’m back in my office and resuming work, including catching up on decisions and...

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WV Federal Courts Address ERISA Preemption, Jurisdiction

Two recent decisions from federal courts in West Virginia illustrate some procedural and substantive pitfalls that can arise in ERISA cases. In Conner v. Elkem Metals Co., 2008 WL 5122197 (S. D. W. Va....

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Stephen Rosenberg Reports from ERISA’s Front Lines

Stephen D. Rosenberg, who writes the excellent Boston ERISA & Insurance Litigation Blog, was kind enough last week to post the materials he presented to a group of pension professionals and...

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So Why Does the Plaintiff Even Have a Lawyer?

Before I get to my post, I want to note a change to the Supreme Court of Appeals of West Virginia’s schedule this week.  The Court has canceled its motion and argument dockets for tomorrow, March 25,...

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