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Thanks to the Civil Justice Reform Act of 1990, 28 U.S.C § 476 (which was introduced by our current President when he was the junior senator from Delaware), the federal courts are required twice per year to report motion and bench trial decisions that have been pending for more than six months. One of those deadlines expired last week, on March 31, and as a result, we have been deluged with decisions – 50 in all!

There is something for everyone in this week’s installment, ranging from lawsuits against Puerto Rico and New York City involving ERISA preemption to a warning against health care behemoth United to stop removing state law cases to federal court, to an overturned jury verdict regarding ERISA retaliation. Enjoy this week’s edition while your editors take a breather.
Continue Reading Your ERISA Watch – Week of April 6, 2022

Stratton v. Life Insurance Co. of North Am., No. 20-CV-2037 JLS (NLS), 2022 WL 712926 (S.D. Cal. Mar. 8, 2022) (Judge Janis L. Sammartino).

This week’s case of the week is a significant long-term disability win for plaintiff Maureen Stratton, represented by our talented colleagues at Kantor & Kantor, Corrine Chandler and Andrew Kantor. 

Ms. Stratton, who worked as a senior executive partner at Gartner Inc., began experiencing significant back pain in 2011. This pain progressed to such a point that, by early 2017, she was calling in sick to meetings and could no longer tolerate plane travel or extended sitting. Around that time, she stopped working and applied for disability benefits.
Continue Reading Court Credits Treating Physician Over Retained Experts