At The Podium
Cigna v. Amara Revisited: The Ongoing Fallout From this Landmark Case and Its Progeny
The 5th National Advanced Forum on Defending and Managing ERISA Litigation, presented by the American Conference Institute, is considered the premier ERISA litigation conference, featuring leading in-house counsel and expert outside defense counsel, as well as federal and state judges from across the nation among others. This year’s event examines the most pressing issues facing plan sponsors, fiduciaries, service providers, insurance companies, and defense lawyers.
This year’s agenda includes panel discussions about increasingly complex theories of liability, mounting requests for attorneys’ fees, continuing scrutiny of and litigation arising from investment decisions, PPACA compliance and litigation concerns, new and emerging regulations affecting disclosures from plan sponsors and service providers, a very sophisticated plaintiffs’ bar, the ongoing fallout from Cigna v. Amara, new developments regarding the 404(c) defense, the impact of Tussey v. ABB, Inc. on fee cases, overwhelming discovery burdens, and preemption complexities, among others.
McAfee & Taft trial lawyer Mark Spencer is a featured panelists during the session titled “Cigna v. Amara Revisited: The Ongoing Fallout From this Landmark Case and Its Progeny.” Topics for discussion include:
- Evaluating the developing case law since Amara
- How have the courts interpreted ‘plan terms’?
- Can you look to SPDs and other documents?
- How have the courts come down with respect to remedies?
- Development of remedies under ERISA since Amara
- Equitable relief; plan reformation; detrimental reliance
- How have Amara and its progeny changed the remedies landscape from the plaintiffs viewpoint?
- Assessing whether Amara only applies to cases involving intentional misrepresentations or if it is also applicable to cases involving negligent misrepresentations
- Best strategies for arguing against monetary damages as a form of ‘equitable relief’
- Minimizing damages in the wake of Amara
- Lessons learned from Amara and its progeny regarding disclosure issues