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Ninth Circuit Affirms Decision Finding Legal Separation Agreement Qualifies As a QDRO
In Hartford Life and Accident Insurance Company v. Valois, No. 23-3286, 2024 WL 4678055 (9th Cir. Nov. 5, 2024), an interpleader action, the Ninth Circuit affirmed the district court’s determination…
Seventh Circuit: Sole Proprietorship Is Liable for Unpaid Pension Contributions to Multi-Employer Plan
In Trustees of the N.E.C.A./LOCAL 145 I.B.E.W. Pension Plan v. Mausser, No. 24-1472, 2024 WL 4647936 (7th Cir. Nov. 1, 2024), the Trustees of the National Electrical Contractors Association and…
District Court Finds Insurer Had No Discretionary Authority Over Disability Claim and Was Not an ERISA Fiduciary
In Shea v. Unum Life Insurance Company of America, et al., No. 24-CV-10402-ADB, 2024 WL 4593525 (D. Mass. Oct. 28, 2024), Massachusetts District Judge Allison D. Burroughs granted Unum Life…
Second Circuit Affirms Dismissal of ERISA Claims Due to Untimeliness
Perlman v. General Electric, et al., No. 24-514-CV, 2024 WL 4635235 (2d Cir. Oct. 31, 2024) (Before: Parker, Kahn, Circuit Judges, and Amon, District Judge). Eighteen years after she left…
Eleventh Circuit Holds Defined Contribution Plans Are Not Entitled to the Benefit from Foreign Tax Credits
In Romano v. John Hancock Life Ins. Co. (USA), No. 22-12366, 2024 WL 4614701 (11th Cir. Oct. 30, 2024), a matter of first impression, the Eleventh Circuit considered whether ERISA’s…
District Court’s Decision Affirming Unum’s Termination of Disability Benefits After 10 Years of Payment Highlights the Difficulties for Claimants under the Arbitrary and Capricious Standard of Review
In Eggleston v. Unum Life Insurance Company of America, No. 1:22-CV-23393, 2024 WL 4533607 (S.D. Fla. Oct. 21, 2024), on Cross-Motions pursuant to FRCP Rule 52, Florida Southern District Judge…
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