Your search returned 469 results.

ASAP
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September 5, 2019

Seventh Circuit Holds that a Deceleration of Withdrawal Liability is Unavailable Under ERISA’s Common Law

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.

Insight
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August 26, 2019

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

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.

Insight
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August 12, 2019

Circuit Courts Grapple With the Permanence of Retiree Health Benefits Under Collective Bargaining Agreements

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.

ASAP
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August 8, 2019

Full and Fair Review Requirement under ERISA Gets a Full and Fair Review

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.

Insight
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July 25, 2019

Does Jander Signal the Liberalization of Pleading Standards in Stock-Drop Cases? Signs Point to No

In its 2019-2020 term, the U.S. Supreme Court will have an opportunity to opine on the pleading sufficiency of a duty of prudence claim under ERISA.

ASAP
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March 12, 2019

The PBGC Proposes Simplified Methods for Calculating Withdrawal Liability

The Pension Benefit Guaranty Corporation (PBGC) recently proposed amendments to the regulations that govern how multiemployer plans calculate withdrawal liability.

Insight
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November 8, 2018

Fifth Circuit Opines on when Claims may be Properly Maintained under ERISA § 502(a)(1)(B) Versus § 502(a)(3)

The U.S. Court of Appeals for the Fifth Circuit recently addressed “the labyrinthine complexities of ERISA law and practice.”

Insight
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August 10, 2018

Victory for NYU After First Trial in the 401(k) Fee Cases Filed Against Colleges and Universities

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.

ASAP
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March 16, 2018

A Uniform Standard of Review in ERISA Benefit Denial Cases: The Fifth Circuit Overrules Itself to Fall in Line with Other Courts

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.

ASAP
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June 20, 2017

Tenth Circuit Departs From Other Circuit Courts and Holds Plaintiff Bears the Burden of Proving Causation in ERISA Breach of Fiduciary Duty Cases

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.

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