Amara v. Cigna Corp., No. 20-202, __ F. 4th __, 2022 WL 16842742 (2d Cir. Nov. 10, 2022) (Before Circuit Judges Livingston, Kearse, and Lee)
ERISA practitioners are familiar with the Supreme Court’s 2011 decision in CIGNA Corp v. Amara, a seminal case in which the Court discussed, among other things, the contours
Gimeno v. NCHMD, Inc., No. 21-11833, __ F.4th__ 2022 WL 2309436 (11th Cir. Jun. 28, 2022) (Before Circuit Judges Pryor, Rosenbaum, and Brasher).
Today’s case of the week goes where many cases have gone before in answering in the affirmative the straightforward question: “Does [ERISA Section 502(a)(3)] create a cause of action for an ERISA beneficiary to recover monetary benefits lost due to a fiduciary’s breach of fiduciary duty in the plan enrollment process?”
Continue Reading The Eleventh Circuit Agrees That Surcharge is Available Equitable Relief
This week’s notable decision is a magistrate recommendation that comes to us from ERISA Watch reader Norris Adams, who represents the plaintiff. Rose v. PSA Airlines, Inc. Group Insurance Plan, No. 3:19-CV-00695-GCM-DCK (W.D.N.C. Mar. 25, 2021), originated in the tragic death of a 27-year-old man, Kyree Devon Holman, who died while waiting for his heart transplant to be approved by his healthcare plan. The administrator of his estate filed suit against the Plan and numerous plan fiduciaries, including claims administrators, UMR, Quantum, and the outside reviewer with which they contracted, MCMC.
Continue Reading Equitable Relief for a Participant Death