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EBSA Takes Position That ERISA Fiduciaries Must Provide Claimants With Any Audio Recordings Related to Adverse Benefit Determination

Yesterday, Eric Berger, Acting Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefits Security Administration (EBSA) issued an informational letter concerning…

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Tenth Circuit Affirms District Court’s Damages Calculation in 401(k) Breach of Fiduciary Duty Litigation

The Tenth Circuit Court of Appeals recently decided Ramos v. Banner Health, et al., No. 20-1231, __F.3d__, 2021 WL 2387909 (10th Cir. June 11, 2021). This case involves a class…

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Ninth Circuit Bars Defensive Use of Equitable Estoppel When It Would Result in Contradiction of an ERISA Plan’s Express Terms

In Wong v. Flynn-Kerper, No. 19-56289, __F.3d__, 2021 WL 2307485 (9th Cir. June 7, 2021), the Ninth Circuit considered for the first time whether a defense of equitable estoppel is…

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Second Circuit Finds Home Health Aides Lack Standing for ERISA Claims Based on Alleged Violation of New York Wage Parity Law

In Gonzalez De Fuente v. Preferred Home Care Of New York LLC, et al., No. 20-3985-CV, __F.App’x__, 2021 WL 2308786 (2d Cir. June 7, 2021), Plaintiff-Appellants, certified home health aides…

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Fifth Circuit Finds Disability Policy’s “Transfer of Insurance Coverage” Provision Applies to Employee on Disability Leave on Policy’s Effective Date

In Miller v. Reliance Standard Life Insurance Company, No. 20-30240, __F.3d__, 2021 WL 2221347 (5th Cir. June 2, 2021), the Fifth Circuit decided an issue that arises when an employer…

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Sixth Circuit Finds Dispute Between ERISA Fund Trustees Belongs in Arbitration

In Baker, et al. v. Iron Workers Local 25 Vacation Pay Fund, et al., No. 20-1946, __F.3d__, 2021 WL 2177666 (6th Cir. May 28, 2021), three trustees of an employee…

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