Happy Saturday, ERISA Watchers! This was another busy week for ERISA decisions that I decided to get this out ahead of schedule again. It’ll be back on the Monday schedule starting on April 15, everyone’s favorite day. It was hard to choose just one notable decision since there were several appellate decisions this past week. I decided to go with my favorite one involving a win for the disability claimant. This week’s notable decision is Hodges v. Life Ins. Co. of N. Am., No. 18-1279, __F.3d__, 2019 WL 1446800 (10th Cir. Apr. 2, 2019), a matter involving the proper calculation of long-term disability benefits based on the classification of the plaintiff’s job.
Continue Reading Tenth Circuit Holds that Cryotherapy Technician Is a “Sales” Employee under Group Long-Term Disability Policy
First Post-Ariana M. de novo Trial of Disability Claim Denial Results In Win for Claimant Against The Hartford
Good morning, ERISA Watchers! There was an unprecedented number of ERISA decisions decided this past week. Curious, I did some research and realized that March 31st is a semiannual deadline under The Civil Justice Reform Act of 1990, which requires the Director of the Administrative Office of the United States Courts, under 28 U.S.C. § 476, to prepare a semiannual report showing all motions pending more than six months and all civil cases pending more than three years. Coincidence? I think not. The next reporting deadline is September 30th. That seems like a good week for me to be on vacation!
Continue Reading First Post-Ariana M. de novo Trial of Disability Claim Denial Results In Win for Claimant Against The Hartford
Fourth Circuit Affirms Multi-Million Judgment Against Trustee for Breach of Fiduciary Duty to Employee Stock Ownership Plan
This week’s notable decision is Brundle v. Wilmington Tr., N.A., No. 17-1873, __F.3d__, 2019 WL 1287632 (4th Cir. Mar. 21, 2019), as amended (Mar. 22, 2019), where the Fourth Circuit Court of Appeals affirmed the district court’s findings that the ESOP trustee caused the ESOP to overpay for the corporation’s stock by $ 29,773,250. The district court awarded attorneys’ fees to the participant’s counsel under 29 U.S.C. § 1132(g)(1) in the amount of $ 1,819,631.11 and an additional $1.5 million in fees from the damages award.
On appeal, Wilmington challenged the district court’s liability and damages determinations and its award of $1.5 million in non-statutory attorneys’ fees. Brundle cross-appealed and challenged as inadequate the same portion of the attorneys’ fees award.
Continue Reading Fourth Circuit Affirms Multi-Million Judgment Against Trustee for Breach of Fiduciary Duty to Employee Stock Ownership Plan