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Articles by Patrick DiCarlo
Tolling of Plan Deadlines Extended Again Due to COVID-19
On Feb. 18, President Joe Biden again formally extended the COVID-19 National Emergency, which was set to expire on March 1, 2022. This most recent extension means that the deadlines listed below continue to be tolled for one year (or, if earlier, 60 days from the end of the National Emergency). Each National Emergency declaration generally lasts for one year unless the President announces an earlier termination.
DOL Information Letter Regarding Production of Recording of Call Between Plan Representative and Claimant | JD Supra
The Department of Labor (“DOL”) recently issued an information letter, DOL Information Letter 06-14-2021 (the “Letter”), addressing the question of whether the ERISA claim regulation requires production of an audio recording or transcript of a telephone conversation between the participant and a plan representative to a participant making a claim for benefits (i.e., a “claimant”). The question was posed by an attorney who represented a claimant whose request for such a recording was denied.
Emerging Case Law Supports Forum-Selection Clauses In ERISA Plans
United States: Emerging Case Law Supports Forum-Selection Clauses In ERISA Plans 17 June 2021 by William Delany , Patrick DiCarlo , Kalena Kettering and Louis Mazawey Groom Law Group To print this article, all you need is to be registered or login on Mondaq.com. A recent decision by the Ninth Circuit upholds the enforceability of forum-selection clauses in ERISA plans. The case, In re Becker v. United States Dist. Court, No. 20-72805, 2021 WL 1219745 (9th Cir. Apr.
Emerging Case Law Supports Forum-Selection Clauses in ERISA Plans | JD Supra
A recent decision by the Ninth Circuit upholds the enforceability of forum-selection clauses in ERISA plans. The case, In re Becker v. United States Dist. Court, No. 20-72805, 2021 WL 1219745 (9th Cir. Apr. 1, 2021), is in line with evolving case law trending towards the enforceability of forum-selection clauses in ERISA plan documents.
Ford Motor Case Highlights ERISA Issues With Recovery of Overpayments | JD Supra
The Sixth Circuit’s recent decision in Zirbel v. Ford Motor Company (2020 BL 445882, Nov. 16, 2020) provides a useful illustration of the key issues that arise when ERISA plans seek to recover money from participants or beneficiaries. This issue comes up frequently in the context of benefit overpayments and subrogation claims.
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