04 Dec 2017

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,…

27 Nov 2017

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…

20 Nov 2017

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v. United Of Omaha Insurance Company, No. 16-16935, __F.App’x__, 2017 WL 5508496 (11th Cir. Nov. 17, 2017), is an unpublished decision from the Eleventh Circuit…

13 Nov 2017

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…

06 Nov 2017

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…

30 Oct 2017

ERISA Watch – Achieving a Remand to the Disability Plan Administrator Warrants Attorneys’ Fees under ERISA Section 502(g)

Show me the money! Halloween is around the corner and this week’s notable decisions are scary, at least to ERISA plan administrators. This past week saw FOUR attorneys’ fee decisions…