Clik here to view.
Welcome to My Blog
Let me introduce myself. I'm Marcus Castillo, an ERISA attorney with Haas-Castillo, P.A. in Clearwater, Florida. ERISA, for those of you who may not know, is the federal law governing most group...
View ArticleFees ... please
A recent decision out of the Southern District illustrates the attorneys’ fees analysis applicable to ERISA cases in Florida. Plaintiff’s counsel in Smith v. Reliance Standard Life Insurance Company,...
View ArticleThe Unum Settlement
ERISA benefits litigators are well aware that Unum (and its various permutations, e.g., Unum Provident, First Unum, etc.) is the nation’s largest disability insurer. On November 18, 2004, New York...
View ArticleStandards of Review 101
The standard of review in a benefits case often drives the outcome. This was illustrated in a recent Middle District opinion: Dowling v. Metropolitan Life Insurance Co. Courts recognize three standards...
View ArticleERISA Seminar
If you're interested in a general ERISA overview seminar consider attending the Labor and Employment Law Section's Certification Review Course in Orlando. I'll be giving a presentation entitled "ERISA...
View ArticleThe Heightened Arbitrary and Capricious Standard
Long time no blog – got a bit behind with a 2-week flu bug and the game of catch up that followed.As I previously suggested the “standard of review” can drive the ultimate outcome in an ERISA benefits...
View ArticleNew 11th Circuit Fiduciary Duty Case
The scope of ERISA’s fiduciary duties was recently analyzed by the Eleventh Circuit in Cotton v. Massachusetts Mutual. The plaintiffs in Cotton accused the carrier of misrepresentation, fraud and...
View ArticleBack in Blog
Yes, it has been a LONG time. Family health challenges have focused attention on the practice…and my family. But I am back. And a LOT has happened.Let’s begin with the recent past. For years the courts...
View ArticleMore on the Amara Case
In my previous post I briefly discussed the U.S. Supreme Court’s 2011 decision in Cigna Corp. v. Amara. The question in that case was the scope of relief available under Section 502(a)(1)(B) compared...
View ArticleERISA Liens: Is the "800 Pound Gorilla" About To Go On A Diet?
Most personal injury attorneys undoubtedly view ERISA liens arising out of group health insurance payments as the “800 pound gorilla” that can gut a client’s recovery or indeed dissuade a lawyer from...
View ArticleERISA Liens: Big As Ever
In my last blog post I overviewed the opposing arguments heard by the Supreme Court in U.S. Airways v. McCutchen. On April 16, 2013 the court handed down its decision: one clearly favorable to health...
View ArticleA Great Resource Book
I recently had the opportunity to review PLI's ERISA Litigation Answer Book 2013.If you're new to ERISA litigation and need a quick overview of the landscape or need a handy desk reference this is a...
View ArticleLessons From The Howard Case
Last year I had the opportunity to attend a gathering of many of the ERISA litigators in Florida, both plaintiff and defense. One of the hot topics at that conference was a case known as Howard v....
View Article
