Defending Against ERISA Wrongful Denial of Benefits Claims: Procedural and Substantive Strategies

ERISA litigation remains steady, including cases brought by plan participants, beneficiaries, and providers challenging denials of benefits. Defending benefits denial cases involves several procedural and substantive tactics.

Counsel must be vigilant in identifying removal opportunities and leveraging other practical defense approaches. Potential tools in the defense attorney's arsenal include lack of standing, preemption, failure to exhaust administrative remedies, expiration of the statute of limitations, and claims-based limitations defenses.

Effective plan design, careful structuring of the administrative process, and informed guidance to those who administer claims can significantly increase the precision of claims administration and maximize the likelihood of success in benefits denial litigation. Advanced preparation by counsel may result in fewer disputes over discovery, conflicts of interest, standards of review, and deference accorded the administrator's decision, and may even reduce attorneys' fees.

Listen as our authoritative panel of ERISA litigators provides counsel with best practices for navigating key issues in defending benefit denial suits. The panel will also discuss key case law developments in benefits suits.