The Eighth Circuit just waded into the issue of whether a mandatory arbitration provision allows for a class-wide arbitration. In Catamaran Corp. v. Towncrest Pharm., 946 F.3d 1020 (8th Cir. 2020), the Eighth Circuit held that a mandatory arbitration provision in a contract between a...

On January 13, the Supreme Court denied certiorari in Putnam Investments, LLC v. Brotherston, a case that had generated considerable attention after the First Circuit issued its decision in October 2018. The First Circuit’s decision discussed a number of important ERISA topics, but Putnam sought...

The Supreme Court has just granted certiorari in another ERISA case—Pharm. Care Mgmt. Ass’n v. Rutledge, 891 F.3d 1109 (8th Cir. 2018). In Rutledge, the Eighth Circuit held that ERISA preempts an Arkansas’ statute regulating pharmacy benefit managers’ drug reimbursement rates with pharmacies. Following prior...

The “ACA Wars” continue, with the Fifth Circuit holding that the Affordable Care Act’s individual mandate is unconstitutional. In Texas v. United States, 945 F.3d 355 (5th Cir. 2019), the Fifth Circuit addressed yet another challenge to the ACA, this time stemming from Congress’ decision...

The Fifth Circuit just helped clarify when a plan participant can recover attorneys’ fees following a procedural remand of an ERISA claim for benefits. In Ariana M v. Humana Health Plan of Texas, the Fifth Circuit reversed the district court’s dismissal of the plaintiff’s claim...

In Fortier v. Hartford Life & Acc. Ins., the First Circuit held that the “judicially created” substantial compliance doctrine did not save an untimely appeal from a denial of long-term disability benefits. In Fortier, the plaintiff appealed from the denial of her claim for long-term...