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Sixth Circuit Holds that Limitations Period for ERISA Underpayment Claim Does Not Accrue Earlier than the Alleged Underpayment
In Gragg v. UPS Pension Plan, No. 22-3379, __F.4th__, 2022 WL 17729625 (6th Cir. Dec. 16, 2022), a dispute alleging the underpayment of pension benefits, the Sixth Circuit held that…
Fourth Circuit Endorses Bench Trials on the Administrative Record in ERISA Denial-of-Benefits Cases
In Tekmen v. Reliance Standard Life Ins. Co., No. 20-1510, __F.4th__, 2022 WL 17725720 (4th Cir. Dec. 16, 2022), a dispute over long-term disability benefits, the Fourth Circuit decided the appropriate…
Eighth Circuit Affirms CBA Only Requires Benefit Fund Contributions for Construction and Highway Work
The Eighth Circuit Court of Appeals recently decided Greater St. Louis Constr. Laborers Welfare Fund v. RoadSafe Traffic Sys., Inc., No. 22-1050, __F.4th__, 2022 WL 17544675 (8th Cir. Dec. 9,…
Ninth Circuit Affirms Dismissal of ERISA Suit Against Boeing Alleging Wrongful Distribution of Investment Plan Account
In Kopelev v. The Boeing Company, et al., No. 21-55937, 2022 WL 17547807 (9th Cir. Dec. 9, 2022), Plaintiff Galina Kopelev sued the Boeing Company Voluntary Investment Plan seeking equitable relief…
Second Circuit Vacates ERISA Class Certification in Suit Alleging Prohibited Transaction Violations Against TIAA
Haley v. Tchrs. Ins. & Annuity Ass’n of Am., No. 21-805, __F.4th__, 2022 WL 17347244 (2d Cir. Dec. 1, 2022) (Before: Newman, Walker, and Sullivan, Circuit Judges). In this interlocutory…
Eighth Circuit Vacates 177 Arbitration Awards Against DST Systems Due to Lack of Subject Matter Jurisdiction
In Hursh v. DST Sys., Inc., No. 21-3554+, __F.4th__, 2022 WL 17246315 (8th Cir. Nov. 28, 2022), the Eighth Circuit considered 177 consolidated appeals brought by Plaintiffs who were participants…
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