Monday, March 3, 2008
You know, if the Supreme Court really wanted to I guess they could fill a large part of their docket with mind-boggling ERISA cases. It hasn't quite reached that extent, but another one might actually be on the way to being reviewed by the Supreme Court.
The Court asked for the federal government’s views in two pending cases: Amschwand v. Spherion Corp. (07-841) and Harbison v. Bell (07-8521.) The Amschwand case tests whether a participant or beneficiary in an ERISA health benefits plan may sue for the insurance benefits that would have been available but for a violation of a plan administrator’s duty.
Not surprisingly, another ERISA remedies case trying to make sense of the comprehensive and reticulated scheme that Congress established.