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Seventh Circuit: No Standalone Federal Cause of Action to Impose Successor Liability for Delinquent ERISA Plan Contributions

In Cent. Illinois Pipe Trades Health & Welfare Fund v. Prather Plumbing & Heating, Inc., No. 20-2525, __F.4th __, 2021 WL 2819035 (7th Cir. July 7, 2021), the Seventh Circuit…

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In Withdrawal Liability Dispute, Seventh Circuit Reaffirms Presumption That Leasing Property to a Withdrawing Employer Is a Trade or Business

In Loc. 705 Int’l Bhd. of Teamsters Pension Fund v. Pitello, No. 20-2142, __F.4th__, 2021 WL 2818326 (7th Cir. July 7, 2021), a dispute over unpaid withdrawal liability, the Plaintiff…

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Michelle Roberts is Named By Northern California Super Lawyers as a 2021 Top 100 Super Lawyer

We are pleased to announce that attorney Michelle L. Roberts has again been selected by Northern California Super Lawyers to be on its Top 100 Northern California and Top 50…

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Fifth Circuit Holds Medical Provider Tort Claim Against NFL Is Preempted by ERISA

In Advanced Physicians, S.C. v. National Football League, No. 20-10998, __F.App’x__, 2021 WL 2773112 (5th Cir. July 1, 2021), the Fifth Circuit affirmed the district court’s (N.D. Tex) dismissal of…

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Fifth Circuit Rules for ERISA Claimant Where Disability Claim Straddles Two Insurance Companies That Both Deny Coverage

What happens when an employee becomes disabled during a period when his employer switches long-term disability carriers and both carriers disclaim coverage? In Talamantes v. Metro. Life Ins. Co., No.…

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Fifth Circuit Affirms Denial of Retirement Benefits and Dismissal of ERISA-estoppel Claim

In Clark v. Certainteed Salaried Pension Plan, et al., No. 20-30059, __F.App’x__, 2021 WL 2620557 (5th Cir. June 24, 2021), Plaintiff-Appellant Terry Clark sought retirement benefits under the Saint-Gobain Retirement…

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