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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…
Third Circuit Holds ERISA Claim Is Barred by the Probate Exception
In Applebaum v. Fabian, et al., No. 22-1049, 2022 WL 17090172 (3d Cir. Nov. 21, 2022), Plaintiff-Appellant Edita Applebaum brought several claims against the defendants, one of which was a…
Second Circuit Affirms Dismissal of ESOP Prohibited Transaction Lawsuit for Lack of Standing
In Plutzer v. Bankers Trust Company of South Dakota, et al., No. 22-561-CV, 2022 WL 17086483 (2d Cir. Nov. 21, 2022), Plaintiff-Appellant Edward Plutzer, on behalf of the Tharanco Group,…
Ninth Circuit: In De Novo Review of ERISA Benefit Decision, District Court Clearly Errs by Adopting Newly Presented Rationale
In Collier v. Lincoln Life Assurance Company of Boston, No. 21-55465, __F.4th__, 2022 WL 17087828 (9th Cir. Nov. 21, 2022), a dispute involving a denial of long-term disability (“LTD”) benefits…
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