Fifth Circuit ERISA Lawyer
Louisiana, Mississippi & Texas
The U.S. Court of Appeals for the Fifth Circuit handles ERISA litigation for Louisiana, Mississippi, and Texas. If you live or work in one of these states, or if your employer is based out of one of these areas, your claim may fall under the Fifth Circuit's jurisdiction. At ERISA Law Center, we understand how the Fifth Circuit approaches disability and life insurance litigation as governed by the Employee Retirement Income Security Act of 1974 (ERISA). An ERISA lawyer at our firm can provide the level of representation you need, tailored to this court's specific case law.
Statistically, most ERISA appeals to the Fifth Circuit result in judgment in favor of the plan or insurance company, but the Fifth Circuit is capable of rendering well-reasoned and comprehensive opinions in favor of claimants, and these decisions give claimants a roadmap to the types of arguments they need to make to succeed in the Fifth Circuit.
Conflicts of Interest and Disability Appeals
The Fifth Circuit, like the Tenth Circuit, has comprehensively addressed the question of discovery when the standard of review is for abuse of discretion and the claim administrator has a conflict of interest. The Fifth Circuit, like the Tenth Circuit, has expressly ruled that reasonable discovery tied to relevant evidence to explore conflict of interest should be permitted. By allowing claimants to delve into conflicts of interest, the Fifth Circuit allows claimants to demonstrate that decisions denying or terminating benefits are motivated by unfair or improper considerations.