ERISA Wrongful Denial of Benefits Claims: Procedural Prerequisites and Key Defenses
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to employee benefits counsel for defending against wrongful denial of benefits claims involving ERISA plans. The panel will explain the administrative process required under ERISA before litigation may proceed. The panel will also discuss how courts are addressing key procedural and substantive issues, including standing, contractual time limits, exhaustion of administrative remedies, discovery, standards of review, deference to the administrator’s decision, attorneys’ fees and preemption.
- Exhaustion of administrative remedies (including ACA claims review)
- Standard of review
- State law preemption and removal
- Statute of limitations and other procedural issues
- Scope of conflict discovery and other discovery practices
- Attorneys’ fee awards and remedies
The panel will review these and other key issues:
- How can plans preserve and maximize their procedural and substantive defenses through plan design?
- What has been the impact of recent case law on the review of claim administrators’ determinations?
- What are best practices for preparing during the administrative process for responding to conflict discovery and protecting the administrative record?
Robert M. Palumbi, Esq.
Babst Calland Clements and Zomnir
Patel Burkhalter Law Group
Ms. Pridgen focuses her practice on employment litigation in the federal courts, and has handled, in some... | Read More
Ms. Pridgen focuses her practice on employment litigation in the federal courts, and has handled, in some capacity, nearly every type of employment law matter that exists. She sub-specializes in ERISA litigation, and has litigated scores of ERISA benefits claims and fiduciary cases throughout the country.Close
Steven J. Silver, Esq.
Mr. Silver focuses his practice on ERISA and long-term disability matters. He joins the firm from the Philadelphia... | Read More
Mr. Silver focuses his practice on ERISA and long-term disability matters. He joins the firm from the Philadelphia office of McBreen & Kopko, where he defended premises liability, products liability, trucking, and other civil litigation matters including sports and gaming issues. He has tried numerous matters in municipal, state, and federal courts. Mr. Silver also served as an arbitrator in the Philadelphia Court of Common Pleas Compulsory Arbitration Center.Close