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First Circuit Finds Fidelity’s Collection of Infrastructure Fees Does Not Make it a Functional Fiduciary Under ERISA
In Re: Fidelity ERISA Fee Litigation, Wong v. FMR LLC, et al., No. 20-1286, __F.3d__, 2021 WL 836766 (1st Cir. Mar. 5, 2021) involves a consolidated putative class action brought…
Second Circuit Reverses Order Compelling Arbitration of ERISA Fiduciary Breach Claims by Plan Participant Against Employer’s Third-Party Investment Advisor
Yesterday, the Second Circuit Court of Appeals issued its second decision this week involving the arbitration of ERISA claims. In Cooper v. Ruane Cunniff & Goldfarb Inc., No. 17-2805, __F.3d__2021…
District Court Finds Business Owner “Inadvertently” Created an ERISA Plan When the Company Offered and Paid for Its Employees’ Long-Term Disability Insurance
A recent district court decision, Steigleman v. Symetra Life Ins. Co., No. CV-19-08060-PCT-ROS, 2021 WL 778605 (D. Ariz. Mar. 1, 2021), shows us how a business owner who purchases long-term…
Second Circuit Compels Arbitration of ERISA Claims—Arbitration Agreement Is Enforceable with Scope of Claims Provision Severed
In American Family Life Assurance Company of New York v. Baker, et al., No. 20-1435, __F.App’x__, 2021 WL 772281 (2d Cir. Mar. 1, 2021), the Second Circuit considered the enforceability…
Doctor Lacks Standing to Bring ERISA Claims Due to Health Plans’ Anti-Assignment Provisions
In Griffin v. Coca-Cola Refreshments USA, Inc., No. 18-10417, __F.3d__, 2021 WL 712419 (11th Cir. Feb. 24, 2021), the Eleventh Circuit decided consolidated appeals brought by Dr. Wakitha Griffin, a…
District Court’s Refusal to Consider Portions of Unum’s Regulatory Settlement Agreement Shows Importance of ERISA’s Pre-Litigation Appeals Process
A recent district court order deciding a long-term disability dispute highlights the importance of claimants with ERISA-governed claims to submit everything to the claims administrator that they might want a…
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