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Searching Content indexed under Employment Litigation/ Tribunals by Neil V. Shah ordered by Published Date Descending.
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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
2
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
3
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
4
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
5
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
6
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
7
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
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