Labor/Employment
Mar. 11, 2015
ERISA ruling is bad news for plaintiffs, could create split
The majority held that ERISA bars tandem claims for benefits and breach of fiduciary duty claims brought, where the latter is simply a "repackaged" claim for benefits.
Michelle L. Roberts
Partner
Kantor & Kantor, LLP
Labor & Employment
1050 Marina Village Pkwy, Ste 105
Alameda , CA 94501
Email: mroberts@kantorlaw.net
UC Berkeley Boalt Hall
Kantor & Kantor is a California-based law firm that represents insureds in ERISA-governed disability, life, health, and pension claims.
Improper repackaging. We're not talking about spoiled meat here, but rather foiled victors. On March 5, the 6th U.S. Circuit Court of Appeals released an en banc decision in Rochow v. Life Insurance Company of North America, 12-2074, which vacated an unprecedented $3.8 million disgorgement award in a denial-of-benefits matter arising under the Employee Retirement Income Security Act of 1974.
The majority held that ERISA bars tandem claims for benefits brought under ERISA S...For only $95 a month (the price of 2 article purchases)
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