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Expert Analysis

• 9th Circ.'s Hasty UnitedHealth Reversal Is Disappointing

  

  The Ninth Circuit’s recent decision to overturn a ruling that ordered a UnitedHealth subsidiary to reassess thousands of behavioral health benefit claims treats the district court’s detailed findings with surprising haste and is open to serious question that cries out for en banc review, says Mark DeBofsky at DeBofsky Sherman.

• ERISA Ruling Was Right To Seal Sensitive Records

  

  An Ohio federal court’s recent decision to seal the record in Price v. Hartford Life and Accident Insurance, and comparable rulings in other jurisdictions, shows that the sensitive information standard that limits access to Social Security records should apply to Employee Retirement Income Security Act claim files that are similar in nature, says Mark DeBofsky at DeBofsky Sherman.

• Supply Chain Issues Put Carmack Preemption In Spotlight

  

  As U.S. businesses continue to struggle with supply chain problems, claims for losses and damages during shipping are likely to increase — so companies should make sure they understand how the Carmack Amendment preempts most state law claims related to carrier liability for cargo loss, and what the exceptions are, says Andrew Steif at Gunster.

• Aviation Watch: How Russia Sanctions Will Affect Aviation

  

  Sanctions levied against Russia in the wake of its invasion of Ukraine will likely leave the country with almost no national air transport industry, but will also have significant impacts on the Western aviation sector as well, from complicating flight paths to jeopardizing leasing arrangements, says Alan Hoffman, a retired attorney and aviation expert.

• Why Climate Plaintiffs Are Filing Securities, Consumer Suits

  

  While U.S. climate change lawsuits against carbon majors based on public nuisance tort claims have largely ended up in a procedural and jurisdictional maze, climate plaintiffs may be more successful with claims based on state securities and consumer protection laws, say Nick Dolejsi and Kyle Espinola at Zelle.

• Why I'll Miss Arguing Before Justice Breyer

  

  Carter Phillips at Sidley shares some of his fondest memories of retiring Justice Stephen Breyer both inside and out of the courtroom, and explains why he thinks the justice’s multipronged questions during U.S. Supreme Court oral arguments were everything an advocate could ask for.

• Ruling Highlights Key Intersection Of 2 Health Benefit Laws

  

  The First Circuit’s recent ruling in N.R. v. Raytheon, reviving claims that an insurance plan violated the Mental Health Parity and Addiction Equity Act in denying treatment for autism, shows the statute’s value as a tool for patients — and how the Employee Retirement Income Security Act can be used to litigate such cases, says Mark DeBofsky at DeBofsky Sherman.

• Courts Are Right To Reject Insurer ERISA Atty Fee Awards

  

  There has been a recent, sharp uptick in insurance companies seeking fees against unsuccessful claimants of Employee Retirement Income Security Act benefits, but this unfair tactic is correctly meeting with little or no success in the courts, says Elizabeth Hopkins at Kantor & Kantor.

• Trucking Cos. Need Stronger Insurance To Protect Public

  

  A recent Law360 guest article urged lawmakers to implement liability protections for the trucking industry, but raising outdated trucking insurance limits would better incentivize companies to keep unsafe drivers and vehicles out of their fleets to begin with, protecting the industry and motorists alike, says Tad Thomas at The Thomas Law Offices and the American Association for Justice.

• Key Contract Lessons In Del. Justices' Hotel Deal Ruling

  

  The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

• Trucking Industry Needs Protection From Huge Legal Verdicts

  

  Truckers and trucking companies are plagued by an exponential increase in accident litigation costs, with damages awards skyrocketing in recent years, so lawmakers should consider giving the trucking industry special liability protections similar to those enjoyed by Amtrak and emergency workers, says Harold Kim at the U.S. Chamber of Commerce Institute for Legal Reform.

• 8th Circ. Ruling Sets Road Map For Disability Benefit Reviews

  

  A recent ruling from the Eighth Circuit in Roehr v. Sun Life Assurance reinstated the plaintiff's disability benefits, demonstrating that while an initial approval is not a guarantee of ongoing payment, insurers need to tread carefully when they terminate benefits in the absence of new findings, says Mark DeBofsky at DeBofsky Sherman.

• Medicare Advantage Plans Must Beware DOJ Scrutiny

  

  The U.S. Department of Justice is increasingly investigating how health insurers report risk adjustment data in connection with the Medicare Advantage program, and several recent cases help detail the types of conduct that the DOJ is focusing on, say attorneys at Debevoise.