Second Circuit Holds Government Can Garnish ERISA-protected 401(k) Accounts for Restitution under MVRA
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…
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…
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…
Third Circuit Affirms Class Certification: Named Plaintiffs Have Standing to Bring Claims for Plan Funds in Which They Did Not Personally Invest
Boley v. Universal Health Servs., Inc., No. 21-2014, __F.4th__, 2022 WL 1768984 (3d Cir. June 1, 2022) is a matter involving ERISA breach of fiduciary duty claims against the fiduciaries…
Sixth Circuit Finds ERISA Section 502(a)(2) Claims Not Subject to Arbitration Provision in Employment Agreement
In Hawkins v. Cintas Corp., No. 21-3156, __F.4th__, 2022 WL 1236954 (6th Cir. Apr. 27, 2022), a case involving issues of first impression for the Sixth Circuit Court of Appeals,…
High Court Reaffirms ERISA Plan Fiduciary Duty to Monitor Plan Options and Remove Imprudent Ones
Yesterday, the U.S. Supreme Court decided Hughes v. Nw. Univ., No. 19-1401, __S.Ct.__, 2022 WL 199351 (U.S. Jan. 24, 2022), with the opinion for the unanimous Court delivered by Justice Sotomayor…
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