South Dakota Law Review

Articles from Vol. 56, No. 3, Fall

An Assessment of New Appeals and External Review Processes - ERISA Claimants Get "Some Kind of a Hearing"
I. INTRODUCTION Enacted on March 23, 2010, the Patient Protection and Affordable Care Act ("PPACA"), (1) imposes a broad array of new requirements on group health plans and individual health insurance policies. (2) Included among these requirements...
Ask and You Shall Receive: ERISA's Remedies for Non-Disclosure
ERISA provides members of employer-provided benefit plans the right to request and receive essential documents that pertain to their rights under a plan, whether the plan is a retirement fund, a 401(k) fund, or health or disability insurance. Plan...
"Consumer Protection" and ERISA
I. WHAT COMES TO MIND WHEN HEARING THE WORD "ERISA"? Because of my work with ERISA reimbursement issues, I have had folks (including many law students) speak to me with some initial excitement about ERISA. They think this must be a fun and exciting...
Discretionary Clause Bans & ERISA Preemption
I. INTRODUCTION The Employee Retirement Income Security Act of 1974 (ERISA) is a comprehensive federal statute that governs employee benefits. As its name suggests, it was enacted primarily to stabilize employer-provided retirement income, specifically...
Enforcing ERISA
I. INTRODUCTION When ERISA was passed in 1974, it was heralded as a landmark statute that would protect the economic security of millions of Americans--largely through extensive regulation of pension plans. Since then, the statute has also become...
Equitable Estoppel as a Remedy under ERISA
The Employee Retirement Income Security Act of 1974 (ERISA) is a comprehensive law that encompasses almost all aspects of employer-provided benefits in America. ERISA is premised on trust law and equitable principles. Since its passage, the Supreme...
Exorcising Discretion: The Death of Caprice in ERISA Claims Handling
I. INTRODUCTION The Employee Retirement Income Security Act of 1974 (ERISA) (1) was enacted to rectify mismanagement of union-sponsored pension plans. (2) To that end, the Act sought to "protect ... participants in employee benefit plans and their...
Hardt V. Reliance Standard Life Insurance Co.: Breathing New Life into Claimants' Ability to Obtain Attorney's Fees under ERISA's Civil Enforcement Provision
In Hardt v. Reliance Standard Life Insurance Co., the United States Supreme Court interpreted the statutory language of 29 U.S.C. section 1132(g)(1) to clarify that a court, in its discretion, may now grant a party's motion for attorney's fees when...