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Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim in Putative Class Action Challenging Decision to Invest in Volatile Hedge Funds
In Johnson, et al. v. Carpenters of Western Washington Board of Trustees, et al., No. 23-35370, 2024 WL 3579492 (9th Cir. July 30, 2024) (Before: Friedland, Mendoza, and Desai, Circuit…
Eighth Circuit Affirms Award of Long-Term Disability Benefits Based on Determination that Plaintiff Was Disabled from Sedentary Work Due to her Physical Ailments
In Weyer v. Reliance Standard Life Ins. Co., No. 23-2862, __F.4th__, 2024 WL 3577374 (8th Cir. July 30, 2024), the Eighth Circuit considered Reliance Standard’s challenge of the district court’s…
Third Circuit Finds ERISA Plan Abused Its Discretion Terminating Disability Benefits by Considering Wrong Job as Plaintiff’s Own Occupation
In Mullins v. Consol Energy, Inc. Long Term Disability Plan, No. 22-2930, __F.4th__, 2024 WL 3564555 (3d Cir. Mar. 22, 2024), an opinion issued on March 22, 2024, which the…
District Court Finds Unum Wrongfully Terminated Disability Benefits for Attorney Disabled After Breast Cancer Treatment
In Wessberg v. UNUM Life Insurance Company of America, No. CV 22-94 (JRT/DLM), 2024 WL 3444044 (D. Minn. July 15, 2024), District Judge John R. Tunheim, found in favor of…
Third Circuit Revives Excessive Fee Litigation, Finding Plaintiffs Adequately Allege Violation of ERISA Fiduciary Duties
In Kruchten v. Ricoh USA, Inc., et al., No. 23-1928, 2024 WL 3518308 (3d Cir. July 24, 2024), a nonprecedential opinion, the Third Circuit reversed the district court’s dismissal of…
Fifth Circuit Remands Challenge of DOL’s Final Rule Regarding ERISA Fiduciary Consideration of ESG Factors to the District Court in Light of Loper Bright Decision
In Utah v. Su, No. 23-11097, __F.4th__, 2024 WL 3451820 (5th Cir. July 18, 2024) (Before: Haynes, Willett, and Oldham, Circuit Judges), the Fifth Circuit returned the question of whether…
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