In ERISA Litigation episode 4 (due to the digital re-mastery of episode 2), Bentley Tolk explores two standard of review cases from the 7th Circuit.

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While ERISA Litigation episode 2 has already been released, we are now releasing the digitally remastered version.  As mentioned previously, episode 2 addresses ERISA preemption and post-Glenn precedent.

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In the second episode, Bentley Tolk of Parr Brown Gee & Loveless interviews Michael J. Salmanson of Salmanson Goldshaw, PC about some recent cases involving ERISA preemption: Golden Gate Restaurant Ass’n v. City and County of San Francisco, 546 F.3d 639 (9th Cir. 2008); Golden Gate Restaurant Ass’n v. City and County of San Francisco, 2009 U.S. App. LEXIS 5191 (9th Cir. Mar. 9, 2009); and American Council of Life Insurers v. Ross, No. 08-1406 (6th Cir. Mar. 18, 2009).  Those cases have important implications for ERISA litigation defense - both in the Ninth and Sixth Circuits, and in Utah and elsewhere.

The second portion of the episode addresses how the lower courts have responded to the Supreme Court’s decision in Metro. Life Ins. Co. v. Glenn, 128 S. Ct. 2343 (2008).  Specifically, the episode explores the following cases on this topic: Doyle v. Liberty Life Assur. Co. of Boston, 542 F.3d 1352 (11th Cir. 2008); and McCauley v. First Unum Life Insur. Co., 551 F.3d 126 (2d Cir. 2008).

We welcome your comments below.

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In the first episode, Bentley Tolk of Parr Brown Gee & Loveless interviews Brian S. King about discovery in ERISA litigation cases.

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