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Eighth Circuit Affirms District Court’s Award of Prejudgment Interest, Liquidated Damages and Attorneys’ Fees to Welfare and Pension Plans
In Marshall v. Anderson Excavating & Wrecking Co., No. 19-3040, __F.4th__, 2021 WL 3436326 (8th Cir. Aug. 6, 2021), Plaintiffs, a union and trustees of a welfare and pension plan,…
Eighth Circuit Affirms Award of Delinquent Contributions and Attorney’s Fees to Trustees of Five Multi-Employer Fringe Benefit Funds
In Nesse as Trustees of Minnesota Laborers Health & Welfare Fund v. Green Nature-Cycle, LLC, No. 20-2365, __F.4th__, 2021 WL 3412123 (8th Cir. Aug. 5, 2021), Plaintiffs are trustees of…
Seventh Circuit Holds ERISA Does Not Preempt Bankruptcy Creditors’ State Law Claims Against Corporate Directors and Officers
In Halperin v. Richards, No. 20-2793, __F.4th__, 2021 WL 3184305 (7th Cir. July 28, 2021), the Seventh Circuit considered whether ERISA “preempts certain state-law claims brought by bankruptcy creditors on…
Fifth Circuit Affirms Dismissal of Putative Class Action Against American Airlines for Allegedly Imprudent 401(k) Plan Investment Options
In Ortiz v. Am. Airlines, Inc., No. 20-10817, __F.4th__, 2021 WL 3030550 (5th Cir. July 19, 2021), Plaintiffs-Appellants Salvadora Ortiz and Thomas Scott sued Defendants-Appellees American Airlines, Inc. (“AA”); American…
Ninth Circuit Finds Employer Waived Life Insurance Policy’s Evidence of Insurability Requirement as Agent of Insurance Company
In Cho v. First Reliance Standard Life Insurance Company, No. 20-55314, __F.App’x__, 2021 WL 2885855 (9th Cir. July 9, 2021), First Reliance Standard Life Insurance Company (“First Reliance”) appealed the…
Sixth Circuit Affirms Unum’s Denial of Long-Term Disability Benefits Due to Employer-Specific Basis for Stress-Related Disability
In Holden v. Unum Life Insurance Company of America, No. 20-6318, __F.App’x__, 2021 WL 2836624 (6th Cir. July 8, 2021), the Sixth Circuit affirmed Unum Life Insurance Company’s decision to…
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