Boston ERISA & Insurance Litigation Blog
Discussion of ERISA and insurance law and legal issues.
Author: Stephen Rosenberg is a Boston lawyer.
Blawg Related Categories: Benefits/ERISA • Insurance Law • Legal Information
Recent Posts from Boston ERISA & Insurance Litigation Blog
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The Case of the Billion Dollar Typo
Well, I’m getting ready for a trial, so I certainly don’t have time to read a 105 page ruling on reformation of ERISA governed benefit plans, and I suspect you don’t either. Fortunately for both…
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Hecker, Fees and A Broad Public Market
To me, intellectually, all roads lead to Hecker right now, as the sort of touchstone around which all thinking about fiduciary obligations and the amounts of fees charged in 401(k) plans must revolve. Hecker, of…
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Divorce Me for My Money, Or Love, Continental Style
This is one of the great ERISA stories of all time - its like something out of a Boston Legal episode. I am speaking, of course, of the case, detailed here, of the Continental pilots…
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Harmon on Delegation of Fiduciary Duties in the First Circuit
Just briefly, as I have been traveling and haven’t reviewed the case myself, Roy Harmon on his excellent Health Plan Law blog, analyzes a decision out of the First Circuit on the manner in which…
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Time to Retire the 401(k)?
Many years ago, I remember hearing the comment that you knew Nixon was done for when Johnny Carson turned against him in his monologue, because Carson was a perfect proxy - some hip writer today…
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Preemption, the Supreme Court, and Job Losses
I had two disparate items that I wanted to post on, one of which I didn’t really think had anything to do with the subject matters of this blog but that, nonetheless, was too cool…
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Conkright, Discretion and the Supreme Court
Here’s a nice little story on Conkright, and the new Supreme Court session. As the article explains in a nutshell: The issue in Conkright vs. Frommert involves how much deference a court must give to…
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A Personal Reflection on Iqbal
When it comes to the law, I am conservative by nature, in the “if it ain’t broke, don’t fix it” meaning of the word. I am not speaking here of substantive legal rules, or case…
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You Say Potato, I Say Potahtoe: Structural Conflicts of Interest After Metropolitan Life
Geez, I certainly don’t mean anything by it, but in its application by the courts, this new “structural conflict of interest” rule imposed by the Supreme Court in Metropolitan Life v. Glenn seems to be…
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What Goes Up Just Keeps Going Up - Health Costs and Employer Mandates
For a long while, I have felt like a lone voice or (to mix my metaphors) at least the skunk at the garden party, when I have criticized employer mandates and, even more so, the…