Ninth Circuit Holds ERISA Plan’s Representative-Action Waiver Unenforceable Under Effective-Vindication Doctrine, Affirming Denial of Motion to Compel Arbitration
Ninth Circuit Holds ERISA Plan’s Representative-Action Waiver Unenforceable Under Effective-Vindication Doctrine, Affirming Denial of Motion to Compel Arbitration
In Pover v. Capital Group Companies, Inc., --- F.4th ----, No. 24-5298, 2026 WL 2196257 (9th Cir. July 30, 2026), Plaintiff sued her former employer, The Capital Group Companies, Inc.,…
Ninth Circuit Affirms Knowing and Voluntary Waiver of 401(k) Claims but Reverses Summary Judgment on Pension Plan Claims After Finding Triable Issue as to Whether Eligibility Amendment Was Backdated
In Raya v. Barka, No. 25-2394, __ F.4th __, 2026 WL 2168772 (9th Cir. July 28, 2026), Plaintiff sued his former employer, Calbiotech, Inc., several individual defendants, and Calbiotech’s 401(k)…
Seventh Circuit Affirms Denial of Survivor Benefits Where Power of Attorney Lacked Express Authority to Waive Spousal Annuity Rights Under ERISA
In Havlik v. University of Chicago, No. 25-2821, --- F.4th ----, 2026 WL 2084784 (7th Cir. July 20, 2026), a suit for ERISA benefits, the Seventh Circuit affirmed summary judgment…
Seventh Circuit Affirms That ESOP Fiduciaries Did Not Breach Their Duties or Engage in a Prohibited Transaction in Approving the Sale of an ESOP-Owned Company
In Rush v. GreatBanc Trust Co., No. 25-1736, --- F.4th ----, 2026 WL 2071139 (7th Cir. July 17, 2026), the Seventh Circuit affirmed a defense judgment entered after a three-week…
Third Circuit Revives ERISA Recovery and Fiduciary-Breach Claims Tied to Cigna’s MRC-1 Out-of-Network Reimbursements
In Advanced Gynecology & Laparoscopy of North Jersey P.C. v. Cigna Health & Life Insurance Co., No. 24-2212, 2026 WL 2030368 (3d Cir. July 13, 2026), nearly two dozen New…
Fifth Circuit Vacates and Remands ERISA Fiduciary-Breach Judgment for Failure to Make Necessary Causation Findings on Article III Standing
In Guenther v. BP Retirement Accumulation Plan, No. 24-20551, 2026 WL 2031828 (5th Cir. July 14, 2026) (per curiam), the United States Court of Appeals for the Fifth Circuit vacated…
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