Latest Blog Posts
Sixth Circuit Revives Class Action Alleging Misleading Notice About Cash Balance Conversion
In Nolan v. Detroit Edison Co., No. 19-1867, __F.App’x__, 2021 WL 1097101 (6th Cir. Mar. 23, 2021), Plaintiff-Appellant Leslie Nolan, a participant in the Detroit Edison Company (“DTE”) cash balance…
Fifth Circuit Holds Project Completion Incentive Plan Is Not an ERISA Plan Due to Lack of Ongoing Administrative Scheme
In Atkins v. CB&I, L.L.C., No. 20-30004, __F.3d__, 2021 WL 1085807 (5th Cir. Mar. 22, 2021), a dispute involving a bonus payment to employees who worked until the completion of…
Ninth Circuit Finds Claim for Occupational Disability Pension Benefits Constructively Denied for Plan’s Failure to Comply with ERISA’s Time Limits
Hoffman v. Screen Actors Guild-Producers Pension Plan, No. 20-55534, __F.App’x__, 2021 WL 1041693 (9th Cir. Mar. 18, 2021) involves a former stuntwoman’s claims for Disability Pension and Occupational Disability Pension…
District Court Finds No Waiver of Evidence of Insurability Where Insured Paid Life Insurance Premiums for Ten Years
A recent decision, Shields v. United Of Omaha Life Insurance Company, No. 2:19-CV-00448-GZS, 2021 WL 982322 (D. Me. Mar. 16, 2021), involves an unfortunate situation of an employee who thought…
Fifth Circuit Excuses Claimant from Exhausting Administrative Remedies Because the Fund Did Not Substantially Comply with ERISA’s Notice Requirements
A recent decision from the Fifth Circuit Court of Appeals is a cautionary tale for plan administrators to comply with ERISA's notice requirements when they issue a benefit claim decision.…
Sixth Circuit Holds District Court Lacked Authority to Award Attorneys’ Fees and Decide ERISA Claim Subject to Mandatory Arbitration
In UAW International, et al. v. TRW Automotive U.S. LLC, No. 19-2252, __F.App'x__, 2021 WL 926527 (6th Cir. Mar. 11, 2021), the Sixth Circuit considered consolidated appeals where Plaintiffs, retirees…
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