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D.C. Circuit Vacates Withdrawal Liability Arbitration Award Based on Application of Risk-Free Discount Rate
United Mine Workers of Am. 1974 Pension Plan v. Energy W. Mining Co., No. 20-7054, __F.4th__, 2022 WL 2568025 (D.C. Cir. July 8, 2022) (Before: Rao and Walker, Circuit Judges,…
In Matter of First Impression, Eleventh Circuit Holds ERISA Beneficiary Can Recover Monetary Benefits Lost Due to a Breach of Fiduciary Duty
In Gimeno v. NCHMD, Inc., NCH Healthcare System, Inc., No. 21-11833, __F.4th__, 2022 WL 2309436 (11th Cir. June 28, 2022), a matter of first impression, the Eleventh Circuit considered whether Section…
D.C. Circuit: District Court Retains Jurisdiction to Enforce Permanent Injunction Against Employer and Retirement Plan
On June 24, 2022, in a short unpublished opinion, the D.C. Circuit Court of Appeals decided Kifafi v. Hilton Hotels Retirement Plan, et al., No. 21-7025, 2022 WL 2280296 (D.C.…
Sixth Circuit: 401(k) Plan Fiduciaries Did Not Breach Duties by Offering Actively Managed Mutual Funds
In Smith v. CommonSpirit Health, No. 21-5964, __F.4th__, 2022 WL 2207557 (6th Cir. June 21, 2022), Plaintiff-Appellant Yosaun Smith, on behalf of herself and other 401(k) plan participants, brought an…
Fifth Circuit Enforces Pre-Existing Condition Exclusion in Long-Term Disability Policy Despite Employer’s Misrepresentations
In Bunner v. Dearborn Nat’l Life Ins. Co., No. 21-20327, __F.4th__, 2022 WL 2156227 (5th Cir. June 15, 2022), Plaintiff-Appellant Lisa Bunner appealed from the district court’s grant of judgment…
Ninth Circuit Affirms Sun Life’s Denial of Doctor’s Long-Term Disability Benefit Claim
In Amoroso v. Sun Life Assurance Company of Canada, No. 21-35801, 2022 WL 2115117 (9th Cir. June 13, 2022), the Ninth Circuit considered whether Plaintiff-Appellant Dr. Paul Amoroso was entitled…
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