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Elizabeth Hopkins is a partner at Kantor & Kantor. After a long and fulfilling career at the United States Department of Labor, where she gained substantial experience working on pension, healthcare, and other ERISA issues, she joined the firm in 2018.

No atmospheric river of ERISA cases this week, just a slow trickle as the year winds to an end. But keep reading for a number of interesting ERISA decisions, mostly concerning medical benefits, including the latest discovery decision in the Chippewa Tribe’s longstanding dispute with Blue Cross Blue Shield of Michigan.

Below is a summary

Cunningham v. Cornell Univ., Nos. 21-88-cv, 21-96-cv, 21-114-cv, __ F. 4th __, 2023 WL 7504142 (2d Cir. Nov. 14, 2023) (Before Circuit Judges Livingston, Kearse, and Park)

The case law governing excessive fee cases continues to develop in unpredictable ways, as this decision from the Second Circuit demonstrates.

A class of participants and