Searching Content indexed under Employment and HR by Neil V. Shah ordered by Published Date Descending.
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Seventh Circuit Holds Withdrawal Liability Cannot Be "Decelerated"
The Seventh Circuit held that a multiemployer pension fund's withdrawal liability claim was barred by the six-year statute of limitations applicable
United States
28 Aug 2019
SDNY Rejects Class Standing And Fiduciary Breach Claims In Connection With Alleged Double-Charging Scheme
A New York federal district court concluded that a defined benefit plan participant lacked standing to seek relief on behalf of plans other than the one in which he was a participant.
United States
9 Aug 2019
Tenth Circuit Upholds Denial Of Residential Mental Health Treatment
The Tenth Circuit upheld a claims administrator's decision denying a claim for residential mental health treatment as not medically necessary.
United States
8 Aug 2019
Categorical Conflict Of Interest Does Not Alter Standard Of Review Of Benefit Denials
The Second Circuit held that plaintiffs' allegations that the defendant suffered from a "categorical potential conflict of interest" did not affect the application of the arbitrary and capricious standard of review...
United States
20 Feb 2019
Participants' ERISA Retaliation Claim Dismissed
A federal district court in Illinois held that participants in a multiemployer pension plan failed to plausibly allege that plan fiduciaries retaliated against them in violation of ERISA § 510
United States
20 Feb 2019
ERISA Implications For Firing A Whistleblower
The Ninth Circuit unanimously concluded that a trustee and lawyer for certain multiemployer funds violated ERISA § 510 by unlawfully firing a whistleblower in the funds' collections department
United States
4 Jan 2019
Third Circuit Deepens Circuit Split Over Test For "Top Hat" Status Under ERISA
In this case, the Third Circuit evaluated the demographics and found that the plan qualified as a "top hat" plan.
United States
1 Mar 2018
Sixth Circuit Dismisses ERISA Stock Drop Action Against Cliffs Natural Resources
The Sixth Circuit affirmed the dismissal of ERISA stock drop claims by participants in the Cliffs Natural Resources' 401(k) Plan.
United States
24 May 2017
District Court Dismisses Allegations That Stable Value Fund is Too Conservative
A district court in Rhode Island dismissed claims by participants in the CVS Employee Stock Ownership Plan that plan fiduciaries imprudently invested plan assets in the plan's stable value fund.
United States
24 May 2017
The ERISA Litigation Newsletter - January 2017
In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans
United States
8 Feb 2017
Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice
In Vangas v. Montefiore Medical Center, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit affirmed the district court's holding that an employer is not liable for failing to provide a COBRA notice to a terminated employee under ERISA § 502(c) where the employer followed reasonable procedures to ensure that notices were properly mailed.
United States
31 May 2016
On Remand, District Court Rules For The Fiduciaries In Tatum v. R.J. Reynolds
The R.J. Reynolds defendants have again prevailed against allegations that they breached their fiduciary duties by divesting the RJR 401(k) plan of funds invested in Nabisco stock.
United States
31 Mar 2016
Anti-Assignment Provision Bars Surgery Center's $3.3 Million ERISA Benefits Claims
A federal district court in California held that the ILWU-PMA Welfare Benefit Plan's anti-assignment provision barred Brand Tarzana Surgical Institute's claim for benefits and thus dismissed the Institute's claim for benefits.
United States
31 Mar 2016
Eighth Circuit Holds Service Provider Is Not A Plan Fiduciary In Excessive Fee Case
Continuing a trend in other Circuits, the Eighth Circuit held that a service provider that was contracted to provide the 401(k) plan's investment options does not act as an ERISA fiduciary...
United States
20 Jan 2016
Defined Benefit Plan Participant's Action Mooted By ERISA Plan's Improved Financial Condition
A federal district court in Minnesota dismissed a plan participant's allegations that plan fiduciaries mismanaged a defined benefit plan — and thus caused it to be underfunded — because the plan's financial condition improved during the course of the litigation.
United States
19 Jan 2016
The ERISA Litigation Newsletter - December 2015
In this month's newsletter, we focus on the recent wave of guidance and case law related to the Affordable Care Act.
United States
6 Jan 2016
Court Awards $11.7m In Attorneys' Fees In Fund Mapping Case
The court in Tussey v. ABB Inc. awarded class counsel $11.7 million in attorneys' fees and affirmed its earlier award of $2.28 million in costs and class representative awards.
United States
18 Dec 2015
DOL Proposes To Bring ERISA Disability Denials In Line With The Affordable Care Act
First, the Proposed Rule expands a disability plan's duty to ensure that claim decisions are free from conflicts of interest.
United States
4 Dec 2015
Sixth Circuit Enforces Subrogation Clause
The Court determined that the subrogation provision was contained within a document that served as the summary plan description as well as the plan document.
United States
28 Aug 2015
No Damages Awarded For ERISA Plan Fund Mapping Claims
Mapping in a 401(k) plan occurs when an investment option is removed and the participant's investment in that option is transferred to a different investment option (absent direction from the participant).
United States
3 Aug 2015
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