ERISABoard.comForum for Attorneys to discuss ERISA issues.User Titles- (Found September 18, 2008 ) Someone asked me about this earlier so I thought I would post it so it would be public. User Titles are determined by post count. Here is the current breakdown. Jr Member 0-30 posts Member 30-100 posts Senior Member 100+ postshttp://www.erisaboard.com/forum/showthread.php?p=827#post827 7th Cir. - Abena v. MetLife- (Found September 18, 2008 ) I agree completely Nate. This is the second horrific decision I have seen in the last week. The Fourth circuit got this issue correct and had a much more logical and fair decision in White v. Sunlife . Link: http:caselaw.lp.findlaw.comdata2circs4th061285p.pdfhttp://www.erisaboard.com/forum/showthread.php?p=826#post826 7th Cir. - Abena v. MetLife- (Found September 18, 2008 ) Here is a new LTD decision from the 7th Cir. Plaintiff, a dentist, was paid benefits for 2 years before his claim was denied. He appealed the denial and exhausted administrative remedies; the final denial was issued in April 2003. In April of 2006, Plaintiff filed the lawsuit. The District Court dismissed the suit as untimely, relying upon the plan language: No legal action of any kind may be filed against us: 1. within the 60 days after proof of Disability has been given; or 2. more than..http://www.erisaboard.com/forum/showthread.php?p=825#post825 Substantial Compliance Case- (Found September 18, 2008 ) Thanks Roy. The case is attached. I wanted to read it for a couple of reasons so I pulled it. I dont believe that the state law claims would have been preempted in the Fourth or Ninth Circuits.http://www.erisaboard.com/forum/showthread.php?p=824#post824 Substantial Compliance Case- (Found September 18, 2008 ) The district court in Price v. Metro. Life Ins. Co., 2008 U.S. Dist. LEXIS 68063, 14-17 (N.D. Miss. Sept. 8, 2008) saw nothing it liked in the plaintiffs case. The dispute centered on the plaintiffs spouses eligibility for life insurance benefits. Well, not exactly a spouse. Iris Price and M.C. Berry were at all relevant times living together as common law husband and wife. Close enough though, or so it seemed, when premiums and commissions were on the line. During 1996 a Met Life...http://www.erisaboard.com/forum/showthread.php?p=823#post823 4th Cir.-Never Seen This Before.- (Found September 18, 2008 ) I am impressed with the leniency that the court has shown here (which I think is unwarranted), but also the money this guy has blown filing these cases.http://www.erisaboard.com/forum/showthread.php?p=822#post822 Football Pickem Game- (Found September 18, 2008 ) I added one more game Ole Miss and Vandy. Vandy is 3-0 and looks headed to a bowl for the first time since 1982. Ole Miss is 2-1 and this should be a very good game. I think Vandy wins it though to open 4-0.http://www.erisaboard.com/forum/showthread.php?p=821#post821 |