ERISA lawyers know how tough these ERISA claims are. This is illustrated in a case from the Texas Southern District styled, Sarmiento v. Metropolitan Life Insurance Co. Tammy Sarmiento sued for wrongful denial of benefits under ERISA, 29 U.S.C. 1332. The plan is through her employer, American Airlines. Her claim…
ERISA lawyers in the Dallas / Fort Worth can tell you how powerful ERISA is and that the rules governing ERISA plans pre-empt State rules governing insurance. This is argued in a Northern District, Dallas Division case styled, Curtis v. Metropolitan Life Insurance Company. This case concerns a three-party contractual…
This 5th Circuit Court of Appeals opinion is a must read for ERISA attorneys. The case is styled, Burell v. Prudential Insurance. The facts will be given here. The case needs to be read to understand how the Court affirmed the findings of the lower Court in denying benefits to…
ERISA lawyers can tell you that the rules with ERISA claims are pretty tough. This is illustrated by a Dallas Division opinion issued in March 2016. The style of the case is, Sharon Smith v. The Boeing Company. Sharon sued Boeing seeking spousal pension benefits from her deceased husband’s retirement…
ERISA lawyers should read the opinion 2016, opinion from the Houston Division, Southern District of Texas. The case is styled, Margaret Myklebust v. McDermott, Inc., et al. Plaintiff sued MetLife seeking a declaration that she is entitled to recover life insurance benefits attributable to the decedent, John Drayton, as his…
ERISA lawyers will tell you that sometimes determining whether or not a plan is an ERISA plan or not can be confusing. The U.S. Southern District, Houston Division, issued an opinion that needs to be read on this issue. The style of the case is, Williams v. United Healthcare of…
Attorneys handling ERISA claims can tell you that the ERISA plan wants back all the money they spend on their beneficiary’s claim. The United States Supreme Court rendered a notable opinion in January 2016. The case is styled, Board of Trustees of the National Elevator Industry Health Benefit Plan v.…
ERISA lawyers are in a position to be the bearers of bad news as it relates to persons having ERISA claims. Here are some paragraphs from a recent article on ERISA submitted to the State Bar of Texas. ERISA, Employee Retirement Income Security Act of 1974. This is a federal…
Dallas area attorneys handling life insurance benefits under an ERISA plan need to read this 5th Circuit opinion. It is styled, Judy Hagen v. Aetna Insurance Company; Hewlett Packard Company. David Hagen was an employee of Hewlett and had life insurance coverage under a company benefits plan administered by Aetna.…
Lawyers handling ERISA claims can tell horrible stories of the injustice that has occurred in the handling of ERISA claims. The State Bar of Texas, Insurance Section published an article that discussed some of the issues harming people. Although the Act’s purpose was to promote the creation of employee benefit…