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ARTICLE · 20 DECEMBER 2010

The ERISA Litigation Newsletter - December 2010

Proskauer Rose LLP
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The Supreme Court is expected to rule in Spring 2011 in the case of "CIGNA Corp. v. Amara". As the authors explain below, depending on the breadth of the Supreme Court’s ruling, the decision could have widespread implications on the sustainability of a large variety of claims under ERISA that are premised on allegations of faulty communications.

United StatesLitigation, Mediation & Arbitration
Proskauer'S Employee Benefits & Executive Compensation Group
Proskauer'S Employee Benefits & Executive Compensation Group
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EDITOR'S OVERVIEW

The Supreme Court is expected to rule in Spring 2011 in the case of CIGNA Corp. v. Amara. As the authors explain below, depending on the breadth of the Supreme Court's ruling, the decision could have widespread implications on the sustainability of a large variety of claims under ERISA that are premised on allegations of faulty communications.

As always, be sure to review the section on Rulings, Filings and Settlements of Interest.

CIGNA CORP. V. AMARA: THE "LIKELY PREJUDICE" STANDARD UNDER THE MICROSCOPE1

Contributed by Myron Rumeld & Nicole A. Eichberger

On November 30, 2010, the U.S. Supreme Court heard oral argument in CIGNA Corp. v. Amara, Case No. 09-804. Certiorari was granted to address the question of what showing of harm, if any, a participant must demonstrate in order to recover on a claim where the Summary Plan Description ("SPD") conflicts with the terms of the plan document. Depending on the breadth of the Supreme Court's

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