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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,…

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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…

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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…

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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…

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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…

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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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