Latest Blog Posts
ERISA Watch – Post CIGNA Corp. v. Amara, Are Circuit Courts Split on Simultaneous Pleading of ERISA Claims for Benefits and Equitable Relief?
This week’s notable decision, Swenson v. United of Omaha Life Ins. Co., No. 17-30374, __F.3d__, 2017 WL 5988351 (5th Cir. Dec. 4, 2017), involves ERISA preemption and simultaneous pleading of…
ERISA Watch – Court Certifies Class Action Against Citigroup 401(k) Plan Fiduciaries For Alleged Violations of Self-Dealing and Imprudent Conduct
This week’s notable decision is a class certification decision in Leber v. The Citigroup 401(k) Plan Investment Committee, et al, No. 07-CV-9329 (SHS), __F.R.D.__, 2017 WL 5664850 (S.D.N.Y. Nov. 27,…
ERISA Watch – Third Circuit Holds that Plan Participant Bargaining Power Is Not a Substantive Element of a Top-Hat Plan
This week’s notable decision is Sikora v. UPMC, No. 17-1288, __F.3d__, 2017 WL 5642407 (3d Cir. Nov. 24, 2017), where the Third Circuit joined the First Circuit, and departed from…
ERISA Watch – Eleventh Circuit Rules That Pain and Spasm Symptoms Are Not Pre-existing Conditions for Long Term Disability Claim
This week’s notable decision, Horneland v. United Of Omaha Insurance Company, No. 16-16935, __F.App’x__, 2017 WL 5508496 (11th Cir. Nov. 17, 2017), is an unpublished decision from the Eleventh Circuit…
ERISA Watch – Fourth Circuit Rules that Top-Hat Plan Can Change Crediting Rate Used to Calculate a Participant’s Payout
This week’s notable decision, Plotnick v. Computer Scis. Corp. Deferred Comp. Plan for Key Executives, No. 16-1606, __F.3d__, 2017 WL 5162581 (4th Cir. Nov. 8, 2017), required the Fourth Circuit…
ERISA Watch – Plan Is Entitled to Recover Its Appellate Attorneys’ Fees for Time Spent Defending Fee Award
Last week’s notable decision was about attorneys’ fees. This week’s notable decision is also about fees: Micha v. Sun Life Assurance of Canada, Inc., No. 16-55053, __F.3d__, 2017 WL 4896481…
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