Searching Content by Steven A. Sutro from Proskauer Rose LLP ordered by Published Date Descending.
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Proposed Mental Health Parity Guidance Focuses On Nonquantitative Treatment Limitations
By way of background, the MHPAEA requires that group health plans provide mental health and substance abuse benefits in parity with medical and surgical benefits.
United States
18 Jun 2018
Fifth Circuit Vacates DOL Fiduciary Rule
In a 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit vacated the Department of Labor's fiduciary rule, including the expanded definition of "investment advice fiduciary"...
United States
20 Mar 2018
Tenth Circuit Upholds DOL's Authority To Impose New Conditions For Ptes And Leaves Door Open For Changes To Fiduciary Rule
The Tenth Circuit recently affirmed the Department of Labor's authority to impose new conditions for exemption from prohibited transaction rules with respect to the sale of annuity contracts.
United States
20 Mar 2018
No Standing To Pursue Fiduciary-Breach Claim Where Plan Became Overfunded During Litigation
During the course of the litigation, the plan recovered from the losses and returned to an overfunded status.
United States
8 Nov 2017
New Class Action Lawsuits Asserting Violations of the MHPAEA
Banner Health and the Kaiser Foundation were recently hit with separate class action lawsuits challenging their denials of certain mental health care coverage.
United States
24 May 2017
Ninth Circuit: Medical Providers Lack ERISA Standing
The Ninth Circuit affirmed two district court decisions that concluded medical providers were not "beneficiaries" under Section 502(a) of ERISA and therefore lacked standing to bring an ERISA claim.
United States
21 Apr 2017
Sixth Circuit: ERISA Exhaustion Not Required In Plan Amendment Suit
The Sixth Circuit held that retirement plan participants were not required to exhaust their administrative remedies prior to bringing a claim alleging that a plan amendment violated ERISA.
United States
29 Mar 2017
Class Certified In Claims For Autism Treatment Coverage
Plaintiff claimed that the time and dollar limitations violated ERISA and the Mental Health Parity and Addiction Equity Act. In so ruling, the court found that plaintiff satisfied the requirements...
United States
6 Mar 2017
The ERISA Litigation Newsletter - September 2016
This month, we have re-published an interview of our colleague Seth Safra discussing the Department of Labor's final regulation concerning fiduciaries and conflicts of interest
United States
29 Sep 2016
ERISA Section 510 Interference Claim Time Barred
A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility...
United States
20 Sep 2016
Challenge To Pension Fund Investment Decision Time Barred
federal district court in California held that a complaint filed by members of the International Union of Operating Engineers that challenged pension plan trustees' decision to make certain investments was filed five days too late and thus barred by ERISA's six-year statute of limitations.
United States
10 Aug 2016
Pension Consultant Found Not To Be An ERISA Fiduciary
The Tenth Circuit affirmed the dismissal of the complaint because the Lebahns failed to adequately allege that the consultant had fiduciary status.
United States
20 Jul 2016
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