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Sixth Circuit Finds ERISA Section 502(a)(2) Claims Not Subject to Arbitration Provision in Employment Agreement

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,…

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Ninth Circuit Revives ERISA Excessive Fees Suit Against Trader Joe’s Company

Just a week after reviving ERISA breach of fiduciary duty claims against Salesforce, the Ninth Circuit revived an excessive fees case against Trader Joe's Company in Kong, et al. v.…

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Sixth Circuit Revives Breach of Fiduciary Duty Claim Against Wal-Mart for Alleged Mishandling of Insurance Plan Assets

The Sixth Circuit Court of Appeals recently decided, Chelf v. Prudential Ins. Co. of Am., No. 20-6097, __F.4th__, 2022 WL 1090168 (6th Cir. Apr. 12, 2022), which revived a breach…

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Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim Against Salesforce for 401(k) Plan Investments

In Davis, et al. v. Salesforce.com, Inc., et al., No. 21-15867, 2022 WL 1055557 (9th Cir. Apr. 8, 2022), Plaintiffs-Appellants alleged that Defendants breached their ERISA duty of prudence with…

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Fourth Circuit Revives Claims for Residential Treatment Based on Plan Administrator’s Failure to Produce Documents During Claim Review Process

In Wilson v. UnitedHealthcare Ins. Co., No. 20-2044, __F.4th__, 2022 WL 552028 (4th Cir. Feb. 24, 2022), the Fourth Circuit considered whether Defendant UnitedHealthcare Insurance Company abused its discretion in…

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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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