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1
Fourth Circuit Follows Cigna v. Amara Dictum Expanding The Scope Of Relief Under ERISA’s Catch-All Provision
A year after the Supreme Court decided CIGNA Corp. v. Amara, courts continue to weigh the impact of that decision, particularly the scope of the available remedies against breaching fiduciaries under ERISA’s "catch-all" provision, Section 502(a)(3), which authorizes "other appropriate equitable relief."
United States
22 Oct 2012
2
District Court Certifies Class In Excessive Fee Case Against Insurer
On September 26, 2012, Judge Hall of the U.S. District Court for the District of Connecticut certified a class in an ERISA case alleging breach of fiduciary duty and prohibited transactions against an insurance company in connection with revenue sharing practices under group annuity contracts issued to administrators of defined contribution retirement plans.
United States
22 Oct 2012
3
Sixth Circuit Affirms Dismissal Of Challenge To Investment In Qualified Default Investment Alternative (QDIA)
The U.S. Court of Appeals for the Sixth Circuit affirmed a district court decision dismissing claims brought by a participant in a defined contribution plan against his employer for losses incurred when his plan account was transferred from a stable value fund to a life cycle fund that qualified as a QDIA.
United States
22 Oct 2012
4
Eleventh Circuit Affirms Dismissal Of Stock Drop Suit
In "Lanfear v. Home Depot, Inc.", Case No. 10-13002 (11th Cir. May 8, 2012), the U.S. Court of Appeals for the Eleventh Circuit adopted the presumption of prudence.
United States
8 Jul 2012
5
Federal Appeals Court Temporarily Blocks New NLRB Posting Requirement
Just two weeks before the planned April 30, 2012 effective date, a federal appeals court has temporarily blocked the National Labor Relations Board’s ("NLRB") controversial rule requiring employers subject to the National Labor Relations Act ("NLRA") to post notices of employee rights under federal labor law, including the right to join or not join a union.
United States
24 Apr 2012
6
"Commonality" Post-Wal-Mart
As any attorney who handles class action cases knows, the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), was significant because it clarified the Rule 23 standards for class certification and strongly supported the need for a rigorous analysis of those requirements.
United States
29 Mar 2012
7
Federal Court Upholds New NLRB Posting Requirement
Last week, a federal court upheld a new National Labor Relations Board ("Board") rule that employers subject to the National Labor Relations Act ("NLRA") must post notices of employee rights under federal labor law, including employees’ right to join or not join a union.
United States
14 Mar 2012
8
Fourth Circuit Holds Trustees Are Liable Only If Their Fiduciary Breach Caused The Plan’s Loss
In Plasterers’ Local Union No. 96 Pension Plan v. Pepper, No. 10-1364 (4th Cir. December 1, 2011), the Fourth Circuit affirmed the district court’s findings that trustees of a multi-employer pension plan breached ERISA fiduciary duties by not diversifying plan investments and by failing to prudently investigate investment alternatives for the plan.
United States
 
23 Dec 2011
9
Settlement In Major 401(k) Fee Case Is Preliminarily Approved
On December 5, 2011, the U.S. District Court of the Western District of Missouri preliminarily approved an agreement by the parties to settle the putative class action claims asserted by participants in Wal-Mart Stores Inc.’s 401(k) plan.
United States
23 Dec 2011
10
ERISA Litigation Update - September 2011
On August 5, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of the complaint in "Faber, et al. v. Metropolitan Life Insurance Company".
United States
6 Oct 2011
11
ERISA Litigation Update - 15 June 2011
In deciding CIGNA Corp. v. Amara, No. 09-804 (May 16, 2011), the U.S. Supreme Court expounded on two of ERISA’s major remedial provisions —Sections 502(a)(1)(B) and 502(a)(3).
United States
2 Sep 2011
12
Supreme Court Clarifies Standard For Certification Of Class Actions
The U.S. Supreme Court issued an important decision yesterday (June 20, 2011) concerning the standard for the certification of class actions and the proof required to establish a pattern or practice of employment discrimination.
United States
23 Jun 2011
13
Seventh Circuit Requires 401(k) Plan Fiduciaries to Stand Trial Where They Did Not Seek An RFP For Plan Recordkeeping Services Every Three Years
On April 11, a divided panel of the Seventh Circuit set a so-called "excessive fee" case on track for trial, by reversing in part the district court’s decision to grant summary judgment for defendants in George v. Kraft Foods Global, Inc., No. 10-1469 (7th Cir.). On May 26, the appeals court denied the defendants’ request to revisit its decision.
United States
17 Jun 2011
14
Seventh Circuit Vacates Class Certification in Two 401(k) Excessive Fee Cases and Affirms Dismissal in a Consolidated 401(k) Stock Drop Case
On January 21, 2011, a panel of the U.S. Court of Appeals for the Seventh Circuit issued two important decisions, one in the current wave of 401(k) fee cases, and another in the long-standing genre of retirement plan stock drop cases. Each decision will likely impact future jurisprudence in these areas.
United States
4 Apr 2011
15
District Court Allows Claim Against Financial Advisor to Go to Trial
The U.S. District Court for the Eastern District of Pennsylvania allowed claims of breach of fiduciary duty to proceed to trial later this spring against a defined benefit plan trustee, the plan’s sponsor and the plan’s financial advisor.
United States
4 Apr 2011
16
Regulatory Update – DOL Initiatives Potentially Affecting ERISA Litigation
A number of regulatory initiatives undertaken by the Department of Labor ("DOL") which are or may go into effect later this year have potential significance for future ERISA litigation.
United States
4 Apr 2011
17
Sixth Circuit Holds That Service Provider’s Business Decisions Are Not Subject to ERISA Fiduciary Duties
Recently, a divided panel of the U.S. Court of Appeals for the Sixth Circuit held that a company that provided services to an ERISA plan did not act in a fiduciary capacity when it negotiated with third parties to establish and modify services arrangements in a manner which increased benefit costs for the plan.
United States
4 Apr 2011
18
Massachusetts High Court Decision Highlights Perils Of Misclassifying Workers As Independent Contractors
The Massachusetts Supreme Judicial Court’s recent decision in “Somers v. Converged Access, Inc.” highlights the perils of misclassifying workers as independent contractors.
United States
6 Oct 2009
19
Massachusetts Supreme Judicial Court Holds That Agreements To Arbitrate State Discrimination Claims Are Enforceable As Long As the Agreement Specifically References Discrimination Claims
In the recently decided case of Warfield v. Beth Israel Deaconess Medical Center, Inc., the Massachusetts Supreme Judicial Court ("SJC") held that agreements by employees to arbitrate claims brought pursuant to M.G.L. ch. 151B, Massachusetts’ anti-discrimination statute, are enforceable provided that the agreement contains a reference to such discrimination claims in "clear and unmistakable terms."
United States
 
18 Aug 2009
20
U.S. Supreme Court Clarifies Burden Shifting Analysis In Mixed-Motive Claims Brought Under The Age Discrimination In Employment Act
Much of the media attention at the end of the U.S. Supreme Court’s recent term was devoted to its decision in Ricci v. DeStefano, which concerned the decision of the City of New Haven to disregard promotional test results for firefighters, at least in part as a result of the differences in pass rates among racial groups.
United States
17 Jul 2009
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