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

Peters v. Aetna Inc., No. 19-2085, __ F.3d __, 2021 WL 2546412 (4th Cir. June 22, 2021) (Before Circuit Judges Agee, Floyd, and Thacker)

In this case, the Fourth Circuit covers the whole shebang of ERISA: standing, fiduciary status, party in interest status, restitution, surcharge, disgorgement, and declaratory and injunctive relief for both an individual and a class. This opinion, which reads like an ERISA treatise, serves as a reminder of the many layers that exist within ERISA and its equity-based common law. What is not layered is the issue at the core of the suit: money.   Continue Reading Fourth Circuit Largely Rules for Plaintiffs in Class Action Challenge to Aetna/Optum Billing Practices