ERISA Borealis: A Law Blog
We blog on ERISA law, mostly in the Ninth Circuit. Sign up for our quarterly newsletter collecting our posts! Nothing here is legal advice. Ask a lawyer licensed in your state (if it’s Alaska, Oregon, or Washington ask us!) about your situation.
“Exhaustion” of Appeals Must Be an Explicit Plan Requirement to Defeat Lawsuits
It has to be in the plan to stand up in court…
Failing to Supplement ERISA Record on Aircraft Use Stymies AD&D Claim
The lack of evidence on the legal arrangements behind the aircraft’s use thwarted a claim for AD&D benefits.
One Doctor’s Serial ERISA Litigation is a Lesson in . . . Something.
I can’t really say it better than the Coen Brothers.
Oregon Cases Show ERISA’s Power in Collecting Assets for Union Trust Beneficiaries
You’ve gotta get up pretty early to have an arrest warrant for ERISA violations but here we are.
Ninth Circuit Holds Res Judicata Does Not Bar LTD Claim Despite Prior Adverse Judgment
A disability claimant survives res judicata dismissal over a fierce dissent.
Federal Common Law Bars “Slayer” From Receiving ERISA-Governed Insurance Proceeds
Under ERISA law it does not pay to slay.
Protracted ERISA Discovery Fight Yields Evidence of “Independent” Reviewer Partiality
A long battle for ERISA conflict-of-interest discovery uncovers an “independent” reviewing physician’s sky-high rejection rates.
ERISA Administrators Can’t Just “Makeup” A Claimant’s Skills
Unum couldn’t cover up the flaws in these vocational assessments.
Plans Can’t Enforce Time Limits They Don’t Mention
Failing to notify a participant of an ERISA plan time limitation is fatal to enforcing it.
Decisions, Decisions (June/July/August 2023)
ERISA decisions in the Ninth Circuit (and beyond)
Defending the De Novo Standard of Review
Defending a fair standard of review is critical to successful benefits claims.
File Your Reply Brief in September, not October
Want an ERISA motion resolved faster? Time your motion to be ripe in September or March.
Where You Stand May Turn on Whether You Can Sit
A tension between disability law and disability processes when it comes to “sedentary” work can cut both ways in court.
Biweekly, Bimonthly. It’s the Little Things.
Ninth Circuit holds Aetna’s long-running benefits calculation error and “aggressive” efforts to recoup overpayments could be grounds for equitable relief.
Maybe We Tear It All Down
Did the Supreme Court impliedly overturn Firestone in a death penalty case last year? “Broadly construed”… no, probably no.
