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This month’s Friday Five highlights both circuit and district court opinions on the scope of ERISA preemption, discretionary review and exhaustion of administrative remedies. Ninth Circuit Confirms ERISA Does Not Preempt State-Run IRA Savings Program. In a dispute over a California law that creates a state-managed individual retirement (“IRA”) program for employees without access to a tax-qualified retirement savings plan through their employer, the Ninth Circuit affirmed the district court’s conclusion that the program was not a de facto ERISA plan and, thus, was not preempted. The ...

I hope you like math. There’s going to be a lot of numbers in today’s Friday Five, but there won’t be a test.

This month’s Friday Five covers cases relating to disputes between beneficiaries to life insurance policy proceeds, an insurer’s use of independent medical reviewers and in-house nurses to evaluate claims, the preexisting condition limitation, and shifting attorney’s fees to counsel for the parties (as opposed to the parties themselves). Tenth Circuit Refuses to Drag Insurer Into Dispute Between Life Insurance Beneficiaries. In a dispute over life insurance proceeds, the insurer received and paid life insurance benefits to a beneficiary. Then, after payment to the initial beneficiary, ...

The Cabarrus Creamery is open again. Yea! I know many of you are as happy about that as  I am. They’re having limited hours and working back into it  slowly. Cabarrus Creamery is open 3 to 8 p.m. Thursday through Sunday. They plan to gradually add more hours. It’s one of many businesses getting back to normal downtown. No. 1 New businesses in Downtown Concord. Kodiak Bar & Lounge, Sentinel Group Six and Mac Tabby Cat Café recently opened. Downtown Concord Development’s latest newsletter announces new businesses: Mac Tabby Cat Cafe opened their second location in Downto...

Mari White, Brian Weigand, and Anthony McAvoy are back for another jam packed episode of The Morningline! The Big 3: Stampede in Israel, Virginia softening more Covid Restrictions, and the 1st Round of the NFL Draft! 6AM: Stampede in Israel, Corn-A-Ment Update, Virginia letting up on more Covid-19 restrictions, Celebrating Bug Bunny’s Birthday as well as Arbor Day, and Tim Scott’s comments bashing Biden. 7AM: Virginia House of Delegates Representative and Lt. Governor candidate, Jason Miyares, joins to talk about his campaign as well as the parole board, A Morningline FIRST as the Friday ...