The 7th Circuit recently held that the trustees of a multiemployer pension plan could not agree to an employer’s installment payment plan of its withdrawal liability after the trustees had demanded full payment following the employer’s default.
On August 20, 2019, a three-judge panel of the Ninth Circuit issued an opinion permitting arbitration of a breach of fiduciary duty claim filed under the Employee Retirement Income Security Act.
On August 7, 2019, the Second Circuit handed down the latest decision in a series of cases across the country on a company’s obligation to provide lifetime health care to retirees.
On July 15, 2019, the U.S. Court of Appeals for the Tenth Circuit touched on the new regulations governing what constitutes a “full and fair review” of a claim for benefits under the Employee Retirement Income Security Act.
The Pension Benefit Guaranty Corporation (PBGC) recently proposed amendments to the regulations that govern how multiemployer plans calculate withdrawal liability.
On July 31, 2018, a New York federal court issued an opinion in favor of NYU, in the first case to reach trial concerning ERISA challenges to fees and investment lineups in school retirement plans.
With its en banc decision in Ariana v. Humana Health Plan of Texas, the Fifth Circuit reconsidered the standard of review in an ERISA denial of benefits case.
The 10th Circuit recently held that the plaintiff bears the burden on each element of its ERISA claim for breach of fiduciary duty, including causation and damages.
