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.
One Doctor’s Serial ERISA Litigation is a Lesson in . . . Something.
I can’t really say it better than the Coen Brothers.
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.
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.
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.
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.