Searching Content indexed under Employee Benefits & Compensation by Richard J. Pearl ordered by Published Date Descending.
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Ninth Circuit Answers Some Questions About Arbitration Of ERISA Claims
In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual
United States
9 Sep 2019
Federal Court Dismisses Challenge To ESOP Transaction
In Lee v. Argent Trust Co., the court dismissed ERISA claims challenging an ESOP stock transaction because the plaintiff, who "fundamentally misunderstands the nature of the" ESOP transaction, did not allege that she suffered any injury.
United States
15 Aug 2019
Kruse-Western Wins Partial Dismissal In ERISA Lawsuit Over $244 Million Stock Sale
The federal court affirmed ERISA's limitations on the types of claims and remedies available under ERISA.
United States
8 Aug 2019
Big ERISA Decisions On The Horizon—SCOTUS To Review Third ERISA Case This Term
The US Supreme Court recently agreed to review the Eighth Circuit's decision in Thole v. US Bank, in which the Eighth Circuit held that participants in an overfunded defined benefit pension plan
United States
30 Jul 2019
Supreme Court Agrees To Hear Sulyma v. Intel Statute-Of-Limitations Decision
The US Supreme Court recently agreed to hear Sulyma v. Intel Corp. Investment Policy Committee.
United States
1 Jul 2019
Former Employee's Release Agreement Bars ERISA Claim Against ESOP Fiduciary
A recent summary-judgment decision explains how individual releases can bar the individual from pursuing ERISA fiduciary-breach claims on behalf of the plan.
United States
5 Jun 2019
ERISA Health Plan Fiduciaries Defeat DOL's Excessive Fee Claims
In one of the first ERISA cases to address claims against fiduciaries for excessive health plan fees, the court entered judgment in favor of the defendants on all counts.
United States
5 Apr 2019
Still No Right To Jury Trial – MIT 401(k) Plan Participants Not Entitled To Jury Trial Of ERISA Breach Of Fiduciary Duty Claims
The District of Massachusetts court struck the plaintiffs' jury-trial demand in their ERISA complaint for damages and equitable relief against 401(k) plan fiduciaries.
United States
21 Mar 2019
Piling On: Corporations Support the New York Times in Multiemployer Pension Calculation Dispute
Several large employers are disputing how much money the New York Times owes a union multiemployer pension fund.
United States
26 Feb 2019
Eighth Circuit Rejects Cross-Plan Offsetting
This practice was challenged by two out-of-network doctors in the case at issue, Peterson v. UnitedHealth Group, Inc.
United States
18 Feb 2019
Ninth Circuit Clarifies "Actual Knowledge" For ERISA's Statute Of Limitations
Late last year, the Ninth Circuit held that in order to trigger ERISA's three-year statute of limitations a defendant must demonstrate that a plaintiff has actual knowledge of the nature of an alleged breach
United States
21 Jan 2019
ERISA Class-Action Litigation Over Fees In Health And Welfare Plans
Sponsors and fiduciaries of health and welfare plans should be aware of a recently filed class-action lawsuit against alleged fiduciaries of a health plan.
United States
14 Dec 2018
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