Recently, the Second Circuit in Krauss v. Oxford Health Plans, Inc. et al., affirmed the lower court's dismissal of allegations that the health insurance plan violated Employee Retirement Income Security Act (ERISA) and Women's Health and Cancer Rights Act (WHCRA) by declining to fully reimburse medical

In LaRue v. DeWolff, Boberg & Assoc. 552 U.S. ___ (2008), the Supreme Court unanimously ruled that §502(a)(2) of the Employee Retirement Income Security Act (ERISA) allows a participant to recover damages from his employer for any fiduciary breaches that impair the value of a plan's assets in an individual account. The Fourth Circuit previously held that a participant did not have a separate right under that section of ERISA. For more information regarding this case, contact Jeff Kingsl