Labor/Employment
Dec. 18, 2013
ERISA defense bar: The sky is not falling
A recent case is no ordinary denial-of-benefits ERISA case; the court affirmed a precedential damages award based on the theory of unjust enrichment.
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.
On Dec. 6, in the matter of Rochow v. Life Insurance Company of North America, No. 12-2074, the 6th U.S. Circuit Court of Appeals issued a split decision in this denied disability benefit case arising under the Employee Retirement Income Security Act of 1974 (ERISA). This is not your ordinary denial-of-benefits ERISA case; the Court of Appeals affirmed a precedential damages award of 3.8 million dollars based on the theory of unjust enrichment. The decision has those on the ERISA ...
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