May 13, 2015

Cohen Milstein's Karen Handorf spoke at the ABA's ERISA Litigation National Institute, which is designed for litigators who handle ERISA cases and want to enhance their substantive ERISA knowledge, and benefits practitioners who wish to further their knowledge of the substantive law and most recent case law.  Ms. Handorf discussed the following topics:

Health Care Provider Litigation (Wednesday, May 13)

In the health plan context, in-network and out-of-network providers alike have recently been invoking ERISA, sometimes successfully and sometimes not, to litigate pay and reimbursement disputes against insurance companies. These cases present interesting issues involving ERISA preemption (i.e., do these claims actually arise under ERISA or state law?), standing of the providers to assert ERISA claims on behalf of their patients who participate in ERISA plans, the enforceability and scope of patient assignments of rights, the applicability of ERISA’s claim/appeal procedures and exhaustion requirements, the availability of class certification, and the scope of potential “appropriate equitable relief” under Section 502(a)(3).

ERISA Remedies (Thursday, May 14)

ERISA remedies have been a vigorously contested battle ground, especially in the wake of Cigna Corp. v. Amara, which reinvigorated the debate over the scope of “appropriate equitable relief” under ERISA § 502(a)(3), 29 U.S.C. § 1132(a)(3). This panel will provide a brief overview on the types of remedies available under ERISA’s major enforcement provisions and then focus on remedies in the post-Amara world. Topics will include recent and pending cases on the scope of monetary relief under § 502(a)(3) as well as plan terms limiting the availability of equitable remedies.

More information on the Institute can be found here.