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Second Circuit Holds Government Can Garnish ERISA-protected 401(k) Accounts for Restitution under MVRA
In United States v. Shkreli, No. 21-993, __F.4th__, 2022 WL 3640279 (2d Cir. Aug. 24, 2022), Defendant-Appellant Evan Greebel, co-conspirator of Martin Shkreli, was ordered to pay over ten million…
Second Circuit Sides with Benefits Fund in Dispute with Employer over Scope of Payroll Audit
New York State Nurses Ass’n Benefits Fund Through Buchanan v. Nyack Hosp., No. 20-378, __F.4th__, 2022 WL 3569296 (2d Cir. Aug. 19, 2022) involves a dispute between an employer, Nyack Hospital,…
Fifth Circuit Finds Unlawful the Department of Labor’s Advisory Opinion Regarding ERISA Status of Health Plan
Data Mktg. P’ship, LP v. United States Dep’t of Lab., No. 20-11179, __F.4th__, 2022 WL 3440652 (5th Cir. Aug. 17, 2022) (Before: Smith, Elrod, and Oldham, Circuit Judges). This dispute…
Fourth Circuit Affirms United Mutual of Omaha’s Denial of Long-Term Disability Benefits Based on Insufficient Information
In Shaw v. United Mutual of Omaha Life Insurance Company of America, No. 21-1818, 2022 WL 3369525 (4th Cir. Aug. 16, 2022), Plaintiff-Appellant Paramount Shaw appealed from the district court’s…
Seventh Circuit Affirms Dismissal of Claims Seeking Roll Over of Accounts in Multiemployer Defined-Contribution Plan
In Dean v. Nat’l Prod. Workers Union Severance Tr. Plan, No. 21-1872, __F.4th__, 2022 WL 3355075 (7th Cir. Aug. 15, 2022), Plaintiffs are employees of Parsec, Inc. who sued the…
Seventh Circuit: Alight Solutions Must Respond to DOL Subpoena in Investigation of Cybersecurity Breaches
In Walsh v. Alight Solutions LLC, No. 21-3290, __F.4th__, 2022 WL 3334450 (7th Cir. Aug. 12, 2022), Defendant-Appellant Alight Solutions LLC, a company that provides administrative services for employers who…
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