Benefits Ruling Raises Jury Trial Question For ERISA Cases

By Mark DeBofsky (September 24, 2021, 3:26 PM EDT) -- Should there be jury trials in Employee Retirement Income Security Act benefit denial cases? A recent ruling from the U.S. District Court for the Southern District of Ohio, Phillips v. Sun Life Assurance Co. of Canada,[1] has reopened the debate.

The Phillips case was originally filed in Ohio state court and alleged a variety of claims against Sun Life. Sun Life removed the matter to federal court, maintaining the case was governed by ERISA regardless of what was alleged. Sun Life also moved to dismiss claims that were preempted by ERISA.

The plaintiff responded by filing an amended complaint alleging an...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!