Published by The Pellegrin Firm October 18, 2020
According to a provision of ERISA, 29 U.S.C. § 1024(b)(1), ERISA plan administrators must provide a summary plan description (“SPD”) to beneficiaries and the SPD must “reasonably apprise [plan] participants and beneficiaries of their rights and obligations under the plan” and must be “written in a manner calculated to be understood by the average plan participant.”
Published by The Pellegrin Firm September 27, 2020
In a recent ruling, U.S. District Court judge Martin Feldman of the Eastern District of Louisiana in New Orleans denied a plaintiff’s motion for summary judgment on the issue of whether the disability insurance policy he was suing on was governed by the Employee Retirement Income Security Act (“ERISA”). ERISA is a federal law that governs insurance policies that are part of group plans sponsored by private employers. In most litigation, the standard of review is more plaintiff-friendly under state insurance law than under ERISA. In addition, state law provides for remedies and penalties that ERISA does not.
Published by The Pellegrin Firm September 15, 2020
In a recent case out of the U.S. District Court for the Middle District of Louisiana, Judge John W. deGravelles remanded a case to Hartford Life & Accident Insurance Company to reconsider its termination of a truck driver’s long-term disability benefits. Hartford paid two years of benefits, finding the plaintiff could not return to his old job considering the severity of his back condition. However, Hartford terminated benefits after two years, because the policy states that benefits are only payable after two years if the claimant cannot perform the substantial duties of any occupation.
Published by The Pellegrin Firm August 30, 2020
On June 23, 2020, a Texas appellate court found that no personal jurisdiction existed over Houma, Louisiana-based Baywater Drilling, LLC in Texas state court. The case arose out of an alleged injury of a Jones Act plaintiff in waters off of Terrebonne Parish, Louisiana. Baywater Drilling is a Delaware limited liability company, but its principal place of business is in Houma, Terrebonne Parish, Louisiana.
Published by The Pellegrin Firm August 2, 2020
On October 1, 2019, a U.S. District Court in the Middle District of Tennessee-Nashville Division, ruled on whether a Jones Act plaintiff may recover damages for the loss of his household services. The court had to determine if a Jones Act plaintiff can recover such damages based on personal injury rather than death.
Published by The Pellegrin Firm July 25, 2020
On December 18, 2018, the U.S. Court of Appeals for the Fifth Circuit based in New Orleans ruled that a smartphone manufacturer cannot be held responsible for a car accident under Texas law because its device made a sound that allegedly caused an accident.
Published by The Pellegrin Firm July 20, 2020
Louisiana appellate courts are generally less deferential to lower courts than appellate courts in other states on issues of fact-finding and damages. However, if a jury’s award is based on reasonable grounds, Louisiana appellate courts will generally let it stand.
Published by The Pellegrin Firm June 29, 2020
On March 3, 2020, Judge Wendy Vitter of the US District Court for the Eastern District of Louisiana granted summary judgement to an employer in a case pertaining to the denial of maritime maintenance and cure benefits.
Published by The Pellegrin Firm June 20, 2020
On March 20, 2020, the Louisiana Firth Circuit Court of Appeal rendered judgement in a case involving a man injured by a falling tree branch while traveling downing Canal Street in Metairie. The plaintiff was riding on a motor scooter when a tree branch from a large oak tree fell and struck him.
Published by The Pellegrin Firm June 8, 2020
On May 20, 2020, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana in New Orleans ruled in a case challenging the denial of short-term and long-term disability benefits.