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Sixth Circuit Rules in Favor of Former Attorney on Long-Term Disability Claim; Affirms Dismissal of Counterclaim for Overpaid Benefits
Yesterday, the Sixth Circuit Court of Appeals issued its decision in Messing v. Provident Life and Accident Insurance Company, No. 21-2780, __F.4th__, 2022 WL 4115873 (6th Cir. Sept. 9, 2022).…
Third Circuit: ESOP Plaintiffs Failed to Meet High Pleading Standard for ERISA Breach of Prudence Claim Based on Inside Information
Since the Supreme Court decided Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), it has been difficult for participants in employee stock ownership plans (ESOPs) to adequately allege a…
Eighth Circuit: Principal Life Insurance Company Did Not Breach ERISA Fiduciary Duties with Its Stable Value Contract for 401(k) Plans
The Eighth Circuit Court of Appeals recently decided Rozo v. Principal Life Ins. Co., No. 21-2026, __F.4th__, 2022 WL 4005339 (8th Cir. Sept. 2, 2022) on the case's second trip…
Sixth Circuit Upholds Application of Probate Exception to Medical Plan’s ERISA Suit Seeking Equitable Lien on Settlement Proceeds
American Electric Power Service Corporation v. John K. Fitch et al., No. 22-3005, 2022 WL 3794841 (6th Cir. Aug. 30, 2022) (Before: Guy, Moore, and Clay, Circuit Judges). American Electric…
Eighth Circuit Holds ERISA Does Not Preempt State Law Claims Against Recipient of ERISA Benefits
Gelschus v. Hogen, No. 21-3453, __F.4th__, 2022 WL 3712312 (8th Cir. Aug. 29, 2022) involves a scenario which occurs more often than it should: a couple divorces, they agree to…
Seventh Circuit Upholds Dismissal of ERISA Claims Against Oshkosh Corporation for Alleged Mismanagement of Retirement Plan
Albert v. Oshkosh Corp., No. 21-2789, __F.4th__, 2022 WL 3714638 (7th Cir. Aug. 29, 2022) involves several ERISA claims brought by Andrew Albert against his former employer, a subsidiary of…
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