KKLP Marketing

Subscribe to KKLP Marketing's Posts
Follow:'s Linkedin Profile

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Attorneys’ Fees

First Circuit

Hoffman v. Packer, No. 19-CV-10686-RWZ, 2021 WL 2953260 (D. Mass. July 13, 2021) (Judge Zobel). Plaintiffs commenced this action under the ERISA, to recover their benefits under the terms of defendant R.M. Packer Co., Inc.’s retirement plan. Defendants failed to respond to the complaint. The matter is before the court is now on plaintiffs’ unopposed motion for attorneys’ fees in the total amount of $500,658.50 and $960.01 in costs. Defendants’ failure to respond to the complaint or meaningfully engage in this litigation has handicapped the court’s ability to determine whether defendants acted in bad faith or were merely negligent.
Continue Reading Your ERISA Watch – Week of July 21, 2021

Dwyer v. Unum Life Ins. Co. of Am., No. 19-4751, 2021 WL 2853250 (E.D. Pa. July 8, 2021) (Judge Gerald Austin McHugh).

The court reviewed Unum’s denial of Colleen Dwyer’s long-term disability (LTD) benefits under the de novo standard of review and determined that plaintiff had shown by a preponderance of evidence that she was disabled under the terms of her plan and was entitled to retroactive reinstatement of her benefits.Continue Reading Court Slams Unum for Disability Denial for Double Amputee

Below is a summary of this past week’s notable ERISA decisions by subject matter and jurisdiction.

Attorneys’ Fees

Seventh Circuit

Alberth v. Southern Lakes Plumbing & Heating, Inc., No. 19-CV-62, 2021 WL 2779038 (E.D. Wis. July 2, 2021) (Mag. J. Nancy Joseph). Plaintiff Alberth prevailed in his claim for a cash value payout under an ERISA-governed life insurance benefit plan, and was also awarded statutory penalties. He filed a motion for attorney’s fees, which defendant opposed. The court found that Alberth had achieved “some success on the merits” and thus passed the Supreme Court’s threshold test for an award of fees. The court further ruled that the Seventh Circuit’s five-factor test weighed in favor of awarding fees. In particular, the court highlighted that defendant had acted in bad faith “during the entire course of this litigation.”
Continue Reading Your ERISA Watch – Week of July 07, 2021