Searching Content indexed under Retirement, Superannuation & Pensions by BakerHostetler ordered by Published Date Descending.
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Ninth Circuit Reverses Itself And Finds That At Least Some ERISA Claims Can Be Compelled To Arbitration
The Employee Retirement Income Security Act of 1974 ("ERISA") was the largest statute ever passed by Congress at the time it was enacted and has only grown further since then
United States
27 Aug 2019
Employer's Profit-Sharing Plan Is Not Covered By ERISA, Pennsylvania Federal Court Finds
One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan
United States
19 Aug 2019
DOL Proposes New Definition Of Joint Employer
As we previously reported in our Employment Law Spotlight Blog, on April 1, the Wage and Hour Division of the U.S. DOL proposed a new, four-part test for determining "joint employment" under the FLSA.
United States
16 Aug 2019
Location, Location, Location. Washington Federal Court Looks To Where Benefit Plan Was Signed And Negotiated In Agreeing To Transfer ERISA Class Action To Georgia
Much like buying a home, location can mean everything when defending a class action. Therefore, it is common for defendants to try and transfer class actions to what is viewed as a more favorable
United States
19 Jun 2019
Ohio Federal Court Rejects Attempt To Certify Class Against Third-Party Plan Administrator Under ERISA § 502(a)(3)
Employee Retirement Income Security Act (ERISA) claims can potentially involve significant amounts in controversy,
United States
6 Jun 2019
DOL Proposes New Definition Of Joint Employer, Seeks To Clear Up A Confusing Label
Sometimes it's obvious what something is, and you don't need a label. Other times it's not so obvious, and you do need a label.
United States
17 Apr 2019
Ninth Circuit Finds ERISA Fiduciary Duty Claims Not Arbitrable
With the Supreme Court's Epic Systems decision laying to rest many of the primary arguments used to avoid arbitration ...
United States
20 Aug 2018
Supreme Court Overrules Sixth Circuit (Again) In Class Action Dispute Over Retiree Medical Benefits
This issue should never have arisen, the Supreme Court should not have had to address it in 2015, and it shouldn't have required Supreme Court attention a second time ...
United States
23 Feb 2018
Sixth Circuit District Courts Dismiss Retiree Benefits Claims
Less than two years ago, the United States Supreme Court overruled 32 years of Sixth Circuit authority that had the practical effect of shackling unionized employers to retiree health insurance benefits...
United States
3 Jan 2017
New Retirement Requirements For California Employers
The California Secure Choice Retirement Savings Program will begin the development and build-out of a program to require employers who do not already offer a tax-qualified retirement plan to employees...
United States
25 Nov 2016
The Impending Death Of The Stretch IRA?
It can, at times, seem like a fool's errand to focus too closely on specific provisions contained in proposed legislation.
United States
16 Nov 2016
New California Law Requires Additional Public Disclosure By Private Funds
The State of California has enacted new legislation that requires additional public disclosure by the funds of any California public pension or retirement system, including the University of California (Public Investment Funds).
United States
25 Oct 2016
Sixth Circuit Issues Different Opinions On Retiree Medical Coverage After Tackett
As we wrote last year, the Supreme Court finally accepted a Yard-Man case for review and, in a unanimous decision, reversed Yard-Man, refuting in detail its legal and factual underpinnings as well as its expansion in later cases.
United States
15 Mar 2016
Consumer Financial Protection Bureau Files Suit Against Company And Individuals Who Allegedly Ran Pension Loan Scam
The CFPB alleges that PF-PI, and its individual members, operated a scheme to defraud investors and elderly consumers out of their pensions.
United States
1 Sep 2015
Retirement Planning Strategies Under The Scrutiny Of The Federal Fisc
President Obama's proposed budget for 2016 shows that some retirement planning strategies have drawn the attention of the Federal government and may be subject to future legislative limitations.
United States
28 Aug 2015
Unanimous Supreme Court Vacates Tibble v. Edison International: Much Ado About Nothing? Or Something More?
On May 18, 2015, the United State Supreme Court, by a 9-0 vote, vacated and remanded the Ninth Circuit's holding in Tibble, et al. v. Edison International, et al., 729 F.3d 1110 (9th Cir. 2013).
United States
26 May 2015
Ding-Dong, Yard-Man Is Dead! Supreme Court Decision In Tackett A Huge Win For Employers In The Retiree Healthcare Arena
For employers located in the 46 states outside the Sixth Circuit, it may be unclear why this case is a big deal.
United States
5 Feb 2015
Supreme Court Abolishes Presumption Of Prudence In ERISA Stock-Drop Cases But Sets High Bar For Plaintiffs
The Supreme Court axed the well-established "presumption of prudence" in ERISA "stock-drop" cases.
United States
15 Jul 2014
New York District Court Dismisses Putative ERISA Class Alleging Illegal Kickbacks
Sometimes in the rush to meet Rule 23(a) and (b)’s requirements, what gets overlooked is whether there is any underlying claim in the first place.
United States
13 Mar 2014
A Warning Shot For Private Equity Funds: First Circuit Court Of Appeals Holds Fund Engaged In A "Trade Or Business" For Purposes Of Allocating ERISA Pension Withdrawal Liability
Under Title IV of the Employee Retirement Income Security Act, withdrawal liability upon cessation of participation in a multiemployer pension plan and termination liability upon the involuntary or distressed termination of a single-employer pension plan may be assessed jointly and severally among members of the employer's controlled group.
United States
15 Aug 2013
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