Cases — February 28th through March 5th

ERISA

Gobeille v. Liberty Mutual Insurance Company (U.S., March 1, 2016) (affirming the 2nd Circuit’s conclusion that ERISA’s reporting, disclosure, and record provisions pre-empt state law (in this case Vermont’s) imposing duties inconsistent therewith, and regardless of ACA pre-emption.

Workers Compensation/Occupational Safety & Disease

*Lopez v. Colvin (10th Cir., February 29, 2016) (reversing denial of social security benefits because of the ALJ’s disregard of the treating and consulting physicians’ opinions)

*Beard v. Colvin (10th Cir., March 2, 2016) (reversing denial of disability benefits because the ALJ adopted part of a medical opinion, but disregarded the rest without explanation)

*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel.  They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1