Employee Benefits

Several important benefits cases are pending before various U.S. Courts of Appeals. Benefits attorneys should look out for the upcoming appellate arguments in these cases.

  • Tanika Parker et al. v. Tenneco Inc. et al., case number 23-1857, U.S. Court of Appeals for the Sixth Circuit
  • In this class action lawsuit, workers allege that their automotive company employers mismanaged their 401(k)

    Texas-based insurance industry plaintiffs, including a nonprofit trade group, have filed the first lawsuit to challenge the U.S. Department of Labor’s (DOL) recently issued final regulations that broaden the definition of fiduciary under the Employee Retirement Income Security Act (ERISA). The regulations expand the scope of a fiduciary to include many forms of advice by investment professionals and amend three

    Law360 (June 10, 2024, 5:46 PM EDT) — The Ninth Circuit’s recent decision finding Cigna is off the hook for $8.6million in out-of-network mental health and substance use disorder treatment claims against employee benefit plans administered by the insurer could discourage similar litigation, benefits attorneys say.
    The Ninth Circuit on May 31 upheld a California court’s grant of summary judgment

    The U.S. Departments of Labor (DOL), Health and Human Services (HHS), and Treasury, along with the Office of Personnel Management (OPM), released FAQs about the implementation of Title I of Division BB of the Consolidated Appropriations Act, 2021 or the No Surprises Act (“the Act”). Questions have arisen about implementing the Act due to the decision of the U.S. District

    President Joe Biden focused on work-related initiatives in his third State of the Union speech. He proposed raising $500 billion over the next decade by establishing a minimum 25% income tax on billionaires and a minimum corporate tax of 21%. The current average federal income tax rate for America’s 1,000 billionaires is 8.2%, far less than what most people pay,

    The U.S. Department of Health and Human Services (HHS) has issued a proposed rule entitled “Nondiscrimination in Health Programs and Activities.” The proposed rule, designed to advance health equity and protect people from discrimination, revises the implementing regulation for Section 1557 of the Affordable Care Act (ACA). The rule also proposes revisions to nondiscrimination provisions in Centers for

    The U.S. Department of Labor’s (DOL) final regulations broaden the definition of fiduciary under the Employee Retirement Income Security Act (ERISA) to include more investment advisors. However, the eight hundred pages of final regulations, which consist of a final rule and three sets of amendments to ERISA prohibited transaction exemptions, contain crucial differences from the proposed regulations. Therefore, despite the

    The U.S. Department of Labor (DOL) has issued the Retirement Security Rule. This final rule expands the definition of a fiduciary under the Employee Retirement Income Security Act (ERISA) to include a much broader range of situations involving investment advice. ERISA fiduciaries must legally act in the best interests of the retirement plan participants they advise. The final rule

    Overbilling in the healthcare industry continues to increase dramatically across the United States, to the tune of billions of dollars annually. The existing system has caused skyrocketing annual premium renewals for employers and sharply climbing out-of-pocket costs for plan members. These high costs have led to frustration, dissatisfaction, and the first reported ERISA breach of fiduciary duty litigation over alleged