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The Friday Five: Five ERISA Litigation Highlights - March 2026

This month’s  Friday Five  covers recent decisions on credibility pertaining to long COVID symptoms, weighing of disability evidence, overpayment accounting, preemption of state law claims, and a motion to compel discovery on financial incentives and other information. District of Vermont grants insurer’s motion for judgment on the record in long COVID case finding the plaintiff was not credible.   Plaintiff was terminated from his engineering position because “his engagement ended with his client.”   He submitted a claim for short-term disability (“STD”) and long-term disability (“LTD”) benefits, alleging inability to work due to symptoms of long COVID that pre-dated his termination .  The District of Vermont did not reach the question of whether the  de novo  or arbitrary and capricious standard applied because it found the plaintiff’s claim did not survive even under the broader  de novo  standard, due in part to the plaintiff’s lack ...