ABA Journal

Employee Benefits

181 ABA Journal Employee Benefits articles.

Supreme Court Favors ERISA Claimant Who Alleged Administrator Conflict

The U.S. Supreme Court has ruled an insurer that administers an employee benefits plan has a conflict of interest when it has the dual role of determining whether an employee…

DOJ Opinion OKs Social Security Benefits for Gay Couple’s Child

A Justice Department legal opinion says federal law does not bar the Social Security Administration from paying benefits to the nonbiological child of a woman who entered into a civil…

$11.2M Deal Covers Error in Enron Settlement Payout

Enron employees who lost their retirement cash when the company collapsed were disappointed a second time when it was revealed that a company distributing a $218 million settlement payout got…

Judge Allows Eating-Disorder Insurance Suit

A New Jersey judge has refused to dismiss a lawsuit seeking better insurance coverage for eating disorders.

The suit claims Aetna Inc. is improperly classifying eating disorders as a mental…

Court’s 401(k) Ruling Suggests a ‘Next Frontier’ of ERISA Litigation

Lawyers who defend pension plan administrators are buoyed by a concurrence by the chief justice in yesterday’s U.S. Supreme Court decision allowing lawsuits by…

Supreme Court Allows Lawsuit Alleging Mishandled 401(k)

Updated: The U.S. Supreme Court ruled today that an employee who says he lost $150,000 because of a mishandled 401(k) plan may sue the administrators for a breach of fiduciary…

Court Accepts ERISA Case Involving Pension Rights After Divorce

The U.S. Supreme Court has agreed to decide the validity of a divorcing spouse’s waiver of a right to the other’s pension benefits under the Employee Retirement Income Security Act,…

N.J. Ethics Opinion Allows Ghostwritten Pleadings for Indigent Clients

A New Jersey ethics opinion says lawyers may ethically draft pleadings for litigants without telling the court—in limited circumstances.

Opinion 713 by the New Jersey Supreme Court’s Advisory Committee on…

Law’some Gifts!

The law is a jealous mistress, making it tough to find time to do holiday shopping. Here are our gift ideas for clients and colleagues—both naughty and nice.

Supreme Court Likely to Allow Individual’s 401(k) Suit

The U.S. Supreme Court appears likely to allow a lawsuit against the administrators of a 401(k) plan accused of causing an individual’s $150,000 loss, the New…

Court Considers Right to Sue for Mishandled 401(k)

Three justices from the U.S. Supreme Court’s liberal wing appeared sympathetic today to arguments on behalf of a man who lost $150,000 in his 401(k) plan.

James LaRue claims he…

Health Plans More Aggressive in Seeking Legal Recoveries, Thanks to High Court

Some people who are injured and receive a settlement or verdict are getting a big surprise: More litigation from the health plan that paid their benefits and now wants the…

Taking On the Job

The court weighs worker rights in age bias, benefits suits

Dead, Cautious Clients May Spoil High Court Appeals

One client whose balloon catheter burst later died, but his lawyer sought a U.S. Supreme Court appeal without knowing it. Another client who sued the administrator of a 401(k) plan…

Video Surveillance Trips Up Insurer

An insurance company’s aggressive surveillance of an injured woman has led a federal appeals court to reopen the insurer’s decision to cut off disability benefits.

Hartford Insurance Co. continued the…

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