{"id":3231,"date":"2020-07-14T18:50:52","date_gmt":"2020-07-14T18:50:52","guid":{"rendered":"https:\/\/nolfinal.wpengine.com\/?p=3231"},"modified":"2023-10-12T16:16:56","modified_gmt":"2023-10-12T21:16:56","slug":"us-circuit-courts-of-appeals","status":"publish","type":"post","link":"https:\/\/www.nickortizlaw.com\/us-circuit-courts-of-appeals\/","title":{"rendered":"US Circuit Courts of Appeals"},"content":{"rendered":"\n

Some long term disability claims<\/a> go to the US Circuit Courts of Appeals. The United States Courts of Appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. That means they are the level between federal district courts and the United States Supreme Court. A court of appeals decides appeals from the district courts within the states in its federal judicial circuit.<\/p>\n\n\n\n

The United States Courts of Appeals are considered among the country’s most powerful and influential courts. These courts can set legal precedents in regions that cover millions of American citizens. U.S. courts of appeals have a strong policy influence on U.S. law.<\/p>\n\n\n\n

Because the U.S. Supreme Court only reviews less than 1% of the more than 10,000 cases filed with it each year, the United States Courts of Appeals serve as the final level of review in most federal cases. The Ninth Circuit is especially influential, covering approximately 20% of the American population.<\/p>\n\n\n\n

There are thirteen United States courts of appeals in all, including:<\/p>\n\n\n\n

    \n
  1. First Circuit Court of Appeals (Boston)<\/li>\n\n\n\n
  2. Second Circuit Court of Appeals (New York City)<\/li>\n\n\n\n
  3. Third Circuit Court of Appeals (Philadelphia)<\/li>\n\n\n\n
  4. Fourth Circuit Court of Appeals (Richmond)<\/li>\n\n\n\n
  5. Fifth Circuit Court of Appeals (New Orleans)<\/li>\n\n\n\n
  6. Sixth Circuit Court of Appeals (Cincinnati)<\/li>\n\n\n\n
  7. Seventh Circuit Court of Appeals (Chicago)<\/li>\n\n\n\n
  8. Eighth Circuit Court of Appeals (St. Louis)<\/li>\n\n\n\n
  9. Ninth Circuit Court of Appeals (San Francisco)<\/li>\n\n\n\n
  10. Tenth Circuit Court of Appeals (Denver)<\/li>\n\n\n\n
  11. Eleventh Circuit Court of Appeals (Atlanta)<\/a><\/li>\n\n\n\n
  12. District of Columbia Circuit Court of Appeals (Washington)<\/li>\n\n\n\n
  13. Federal Circuit Court of Appeals (Washington)<\/li>\n<\/ol>\n\n\n\n

    ERISA Disability Claims and the Courts of Appeals<\/h3>\n\n\n\n

    ERISA is a federal act of law\u00a0<\/a>that is supposed to be a uniform body of law across the nation. Unfortunately, however, courts nationwide have not interpreted ERISA laws uniformly.<\/p>\n\n\n\n

    Statutory interpretation is how courts interpret and apply legislation such as ERISA. (Statute, law, and legislation all mean the same thing and are used interchangeably here). When a case involves law or statute, some interpretation, or \u201creading between the lines,\u201d is often necessary. That\u2019s because the words of a statute sometimes have a plain and straightforward meaning. But in many other cases, the court must resolve an ambiguity (or vagueness) in the statute’s words. To determine the meanings of statutes, courts utilize various tools and methods of statutory interpretation, which may include a review of legislative history and purpose.<\/p>\n\n\n\n

    For our purposes here, ERISA statutes have not changed much since the law was enacted in 1974. However, courts around the country have interpreted and applied that law differently in each jurisdiction. We all know that Supreme Court decisions on ERISA law are binding everywhere. However, each court of appeals\u2019 decisions in ERISA cases are only controlling within the jurisdiction of that circuit. In numerous areas of ERISA law, the circuit courts have adopted different legal standards. Some circuits have a more favorable statutory interpretation for claimants, while others have a more favorable statutory interpretation for insurance companies.<\/p>\n\n\n\n

    To make matters even more complicated, the law is not the only issue determining the outcome of litigation. Insurance companies may pay more for certain claims based on where you live. For example, cases in urban and coastal areas may pay higher settlement values than the same claim would have realized in the Midwest (say in Omaha, Kansas City, or Indianapolis).<\/p>\n\n\n\n

    Our case summary blog<\/a> highlights court cases considering ERISA disability claims. You will draw one major conclusion as you read ERISA disability court decisions \u2013 ERISA law heavily favors insurance companies and plans.<\/p>\n\n\n\n

    We must work within the legal framework of each circuit. Depending on your claim’s specific factual and legal issues, some circuits may offer more favorable statutory interpretation than others. That does not mean that one circuit is completely better than others, but that one circuit would have been better concerning your case’s facts and legal issues.<\/p>\n\n\n\n

    The differences in statutory interpretation from circuit to circuit could be extremely important in your case. By now, you may be wondering where you can file a lawsuit. There are three proper \u201cvenues\u201d for filing an ERISA disability lawsuit: (1) the location where you live; (2) the location where your plan is administered (your employer is usually the officially designated plan administrator and the employer\u2019s principal place of business is where the plan is administered); and 3) where some other defendant has its principal place in business (in most circuits the proper defendant in an ERISA disability benefits claim is the insurance company which issued the Long Term Disability policy). <\/p>\n\n\n\n

    The best venue to file an ERISA Long Term Disability benefits claim is usually in the district court where you live. This may provide you with a subtle and unspoken \u201chome field advantage\u201d; the court may want to protect its resident over an outsider long term disability insurance company. In certain circumstances, however, you may be better off suing where your employer\u2019s plan is administered \u2013 say in Nevada or California rather than in Louisiana (or wherever you live) because Ninth Circuit law (the law that controls in Nevada and California) may be more favorable to your case than Fifth Circuit law (which controls Louisiana).<\/p>\n\n\n\n

    The foregoing circuit summaries are generalities and are not intended to be comprehensive summaries of the law. These are basic observations about certain important features of ERISA law and practice in the various circuits. If you want to understand where your case should be brought in case you need to sue your long term disability insurance company, consult an experienced ERISA attorney like Nick A. Ortiz.<\/p>\n\n\n\n

    Although based in Florida, the\u00a0Ortiz Law Firm\u00a0represents claimants across the United States. If you\u2019d like to speak to an experienced Long Term Disability Insurance Attorney<\/a> about your denied claim, contact us at\u00a0(888) 321-8131<\/a><\/strong>\u00a0to schedule a consultation.<\/p>\n","protected":false},"excerpt":{"rendered":"

    Some long term disability claims go to the US Circuit Courts of Appeals. The United States Courts of Appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. That means they are the level between federal district courts and the United States Supreme Court. A court of appeals decides …<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":""},"categories":[208,207],"tags":[],"_links":{"self":[{"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/posts\/3231"}],"collection":[{"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/comments?post=3231"}],"version-history":[{"count":0,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/posts\/3231\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/media?parent=3231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/categories?post=3231"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nickortizlaw.com\/wp-json\/wp\/v2\/tags?post=3231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}