Photo of Peter Sessions

Peter S. Sessions is a partner at Kantor & Kantor who has been with the firm since 2004. Peter represents individual clients seeking health, life, and disability benefits, typically under employee health plans.

Card v. Principal Life Ins. Co., No. 20-6217, __ F.4th __, 2021 WL 5074692 (6th Cir. Nov. 2, 2021) (Before Circuit Judges McKeague, Nalbandian, and Murphy).

In ERISA benefit cases, a trial court will sometimes “remand” the case back to the plan’s claim administrator for further action, especially when the administrator applied the wrong standard or failed to follow claim procedures. But what happens when an appellate court remands a case to an administrator? Is there anything the trial court can do to oversee that remand, or does the appellate ruling keep it out of the loop? What is a “remand” in an ERISA case anyway, when the administrator is not part of the judicial system?
Continue Reading Sixth Circuit Clarifies District Courts’ Power to Supervise Remands to Plan Administrators

Hursh v. DST Systems, Inc., No. 4:21-mc-09017, 2021 WL 4526849 (W.D. Mo. Oct. 4, 2021) (Judge Nanette K. Laughrey).

It is no secret that employers like arbitration provisions, and ERISA case law generally allows them to include such provisions in their employee benefit plans. However, this case is an object lesson in being careful what you ask for – because you just might get it.Continue Reading Be Careful What You Wish For: Employer Can’t Escape Hundreds of Arbitration Awards