Spring break continues with another slow week ERISA-wise in the courts. But go on an Easter egg hunt for one case that decides that speeding is not a crime, another that allows a claim based on the Takings Clause of the Fifth Amendment to go forward against the government for statutory amendments to ERISA, and other interesting decisions below.

Continue Reading Your ERISA Watch – Week of April 13, 2022

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

The Ninth Circuit Giveth, the Ninth Circuit Taketh Away in Two Health Cases Against United

Ryan S. v. UnitedHealth Group, Inc., No. 20-56310, __ F. App’x __, 2022 WL 883743 (9th Cir. Mar. 24, 2022) (Before Circuit Judges Collins and Lee, and District Judge Jill A. Otake)

Wit v. United Behavioral Health, No. 20-17363, __ F. App’x __, 2022 WL 850647 (9th Cir. Mar. 22, 2022) (Before Circuit Judges Christen and Forrest, and District Judge Michael M. Anello)

We have two notable decisions this week; both are unpublished memorandum dispositions from the Ninth Circuit involving class actions against UnitedHealthcare and its affiliates. Continue Reading The Ninth Circuit Giveth, the Ninth Circuit Taketh Away in Two Health Cases Against United