When an ERISA Judgment Becomes Uncollectable: Fourth Circuit Holds That Voluntary Dismissal of Alleged Alter Ego Forecloses Later Suit to Pierce Corporate Veil
When an ERISA Judgment Becomes Uncollectable: Fourth Circuit Holds That Voluntary Dismissal of Alleged Alter Ego Forecloses Later Suit to Pierce Corporate Veil
In Messer v. Garrison Investment Group, LP, --- F.4th ----, 2026 WL 1465139 (4th Cir. May 26, 2026), the Fourth Circuit affirmed the dismissal of a class action in which…
Second Circuit Holds That ERISA Plan’s REMIC Regular-Interest Certificates Represent Beneficial Interests in Trust and Are Equity Interests Under DOL Plan-Asset Regulation; Remands for Consideration of Mortgage Servicer’s Fiduciary Status
In Powell as Trustee of United Food & Commercial Workers Union & Employers Midwest Pension Fund v. Ocwen Financial Corporation, --- F.4th ----, 2026 WL 1084825 (2d Cir. Apr. 22,…
Second Circuit Affirms Denial of Post-Judgment Accounting and Discovery in Long-Running CIGNA Pension Plan Class Action
In Amara v. CIGNA Corp., No. 24-2913, 2026 WL 1113470 (2d Cir. Apr. 24, 2026), the Second Circuit affirmed the District of Connecticut’s denial of class plaintiffs’ motion for an…
Sixth Circuit Holds ERISA Preempts Tennessee PBM Laws Restricting Pharmacy Network Design and Cost-Sharing Arrangements
In McKee Foods Corporation v. BFP Inc., No. 25-5416, --- F.4th ----, 2026 WL 936759 (6th Cir. Apr. 7, 2026), the Sixth Circuit Court of Appeals held that ERISA preempts…
Sixth Circuit Holds That Garmon Doctrine Bars ERISA Fiduciary-Duty Claims That Necessarily Depend on Resolution of Disputed NLRA Obligations
In Rieth-Riley Construction Co., Inc. v. Trustees of the Operating Engineers’ Local 324 Fringe Benefit Funds, No. 25-1823, --- F.4th ----, 2026 WL 915042 (6th Cir. Apr. 3, 2026), Plaintiff…
Second Circuit Holds RMBS Trust Certificates—but Not Notes—Can Constitute ERISA Plan Assets
In Powell as Tr. of United Food & Com. Workers Union & Emps. Midwest Pension Fund v. Ocwen Fin. Corp., No. 23-999, ---F.4th----, 2026 WL 828159 (2d Cir. Mar. 26,…
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