Romano v. John Hancock Life Ins. Co., No. 19-21147-CIV, 2021 WL 949939 (S.D. Fla. Mar. 12, 2021) (Magistrate Judge Jonathan Goodman).

As the readers of this newsletter know, the federal courts have long decided that claims under ERISA are traditionally equitable in nature, and as a result, litigants typically are not entitled to a trial by jury. However, the Supreme Court has issued several decisions in recent years suggesting that claims under ERISA can be viewed as legal or equitable, depending on the relief requested. As a result, attorneys representing ERISA plaintiffs have started wondering whether they should be pushing back against the established notion that their clients are not entitled to jury trials. This case is another chapter in that story.

Continue Reading Jury Trials in ERISA Cases?

This week’s notable decision allows three cancer patients to proceed with their case challenging United Healthcare’s policy of denying proton beam therapy. In Weissman v. United Healthcare Ins. Co., 19-cv-10580, 2021 WL 858436 (D. Mass. Mar. 8, 2021) (Judge Allison D. Burroughs), three cancer patients brought a putative class action alleging that United Healthcare and their individual healthcare plans violated ERISA by wrongfully denying medically necessary proton beam therapy cancer treatment (“PBRT”). Lead class plaintiff Kate Weissman was able to come up with over $125,000 to privately pay for medically necessary proton therapy treatment to treat her cervical cancer diagnosis after UHC denied her coverage for the treatment in 2016.  She, along with two other named plaintiffs – Zachary Rizzuto and Richard Cole – brought suit challenging UnitedHealthcare’s application of its own internal guidelines on proton therapy as flawed and out-of-date.  Continue Reading A Proton Beam Therapy Class Action Survives a Motion to Dismiss

There is an embarrassment of riches this week for plan participants, as three cases share the notable decision spotlight.  Two are significant plaintiff wins with respect to mental health coverage under ERISA healthcare plans. The third is an important arbitration decision from the Second Circuit involving a pension plan, also a big win for plan participants. Continue Reading Three Wins for Participants