Latest Blog Posts
Fourth Circuit Revives Retirees Claim of Vested Retiree Life Insurance Coverage
In Bellon v. PPG Emp. Life & Other Benefits Plan, No. 21-1812, __F.4th__, 2022 WL 2760764 (4th Cir. July 15, 2022), a putative class action brought by retirees of PPG Industries…
Sixth Circuit Revives 401(k) Mismanagement Claim Against TriHealth
In Forman v. TriHealth, Inc., No. 21-3977, __F.4th__, 2022 WL 2708993 (6th Cir. July 13, 2022), a putative ERISA class action brought by participants of TriHealth Inc.’s 401(k) plan, the…
D.C. Circuit Vacates Withdrawal Liability Arbitration Award Based on Application of Risk-Free Discount Rate
United Mine Workers of Am. 1974 Pension Plan v. Energy W. Mining Co., No. 20-7054, __F.4th__, 2022 WL 2568025 (D.C. Cir. July 8, 2022) (Before: Rao and Walker, Circuit Judges,…
In Matter of First Impression, Eleventh Circuit Holds ERISA Beneficiary Can Recover Monetary Benefits Lost Due to a Breach of Fiduciary Duty
In Gimeno v. NCHMD, Inc., NCH Healthcare System, Inc., No. 21-11833, __F.4th__, 2022 WL 2309436 (11th Cir. June 28, 2022), a matter of first impression, the Eleventh Circuit considered whether Section…
D.C. Circuit: District Court Retains Jurisdiction to Enforce Permanent Injunction Against Employer and Retirement Plan
On June 24, 2022, in a short unpublished opinion, the D.C. Circuit Court of Appeals decided Kifafi v. Hilton Hotels Retirement Plan, et al., No. 21-7025, 2022 WL 2280296 (D.C.…
Sixth Circuit: 401(k) Plan Fiduciaries Did Not Breach Duties by Offering Actively Managed Mutual Funds
In Smith v. CommonSpirit Health, No. 21-5964, __F.4th__, 2022 WL 2207557 (6th Cir. June 21, 2022), Plaintiff-Appellant Yosaun Smith, on behalf of herself and other 401(k) plan participants, brought an…
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