Perspectives on ERISA
55 total results. Page 1 of 3.
States seeking to regulate pharmacy benefit managers (PBMs) and prescription drug pricing received a win from the Supreme Court, which reversed an Eighth Circuit decision that had invalidated an Arkansas law governing pharmacy and PBM conduct on ERISA preemption grounds.
Twenty-four Arent Fox LLP practices have been recognized in the 2021 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.
Last month, in Pharmaceutical Care Management Association v. Tufte et al. No. 18-2926 (8th Cir. August 7, 2020), the United States Court of Appeals for the Eighth Circuit invalidated legislation in North Dakota on the grounds that it was preempted by ERISA.
Medical providers treating patients covered by ERISA-governed health plans on an out-of-network basis can assert state-law claims to hold plans to their payment promises without running afoul of ERISA’s preemption provision (ERISA § 514(a), 29 U.S.C. § 1144(a)).
The 2020 edition of Legal 500 US has rated 43 Arent Fox LLP attorneys as national leaders in their field. In addition, 14 of the firm’s practice areas were ranked among the best in the country.
“Save the ER for emergencies – or you’ll be responsible for the cost.” This warning was included in a 2017 letter Blue Cross and Blue Shield of Georgia, Inc. (BCBS) sent to its insureds, alerting them to a new policy for reviewing and paying emergency room medical claims.
In January, the Supreme Court issued its highly anticipated opinion in Retirement Plans Committee of IBM v. Jander, No. 18-1165, a case that promised to clarify the pleading standard applicable to ERISA stock-drop cases. But the Court’s decision raised more questions than it answered.
Twenty-five Arent Fox LLP practices have been recognized in the 2020 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.
Buyer Beware: Health Plans Need to Exercise Caution in Retaining Third-Party Administrators and Medical Claim Reviewers
A federal court in Nebraska recently rejected a health plan’s fiduciary breach claims under the Employee Retirement Income Security Act of 1974 against third-party service providers, holding that the service providers were not ERISA fiduciaries and did not breach fiduciary duties under ERISA.
WASHINGTON — Fifty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2020.
The US Court of Appeals for the Third Circuit recently confirmed that “anti-assignment” provisions — provisions prohibiting insureds from assigning their rights under a health plan to third parties, including medical providers — are enforceable as long as they are unambiguous.
WASHINGTON, DC – Chambers USA: America’s Leading Lawyers for Business has recognized 31 Arent Fox LLP attorneys as leaders in their field.
Seventh Circuit: Plaintiffs Seeking Plan Benefits Need Not Cite Specific Plan Provisions to Survive Motions to Dismiss
The Defendants moved to dismiss Dr. Griffin’s suit.
As class action practitioners know, class certification can be difficult to achieve, particularly in the years since the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes.
WASHINGTON — Twenty-four Arent Fox LLP practices have been recognized in the 2019 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.
The Third Circuit recently affirmed the enforceability of “anti-assignment” provisions in ERISA health plan documents.
Fifth Circuit: Complaints Seeking Plan Benefits Need Not Quote Provisions, Especially When Insurers Refuse to Provide Documents
The Fifth Circuit recently held that plaintiffs seeking benefits, under plans governed by the Employee Retirement Income Security Act of 1974 and non-ERISA plans, need not identify and include specific plan provisions in their complaints to survive motions to dismiss.
The 2018 edition of Legal 500 US has rated 50 Arent Fox LLP attorneys as national leaders in their field. In addition, 18 of the firm’s practice areas were ranked among the best in the country, including new recognition for the firm's Trademark Litigation and White Collar groups.
Medical Providers Beware: Ninth Circuit Says Plan Had No Duty to Disclose Anti-Assignment Provision Barring Provider’s ERISA Claims
In a recent decision, the US Court of Appeals for the Ninth Circuit held that a surgical center lacked standing to bring ERISA claims against a health plan because the plan had a valid anti-assignment provision.
ERISA Second Circuit Decision Warns Plan Administrators to Strictly Adhere to ERISA Regulations & Plan Terms
Health plans and administrators subject to the Employee Retirement Income and Security Act have been warned: failure to comply with ERISA’s procedural requirements may strip them of the deference their benefit determinations enjoy.