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First Circuit Finds Insurer Owed Fiduciary Duty under ERISA When It Increased Premium Rates for Group Long-Term Care Insurance

First Circuit Finds Insurer Owed Fiduciary Duty under ERISA When It Increased Premium Rates for Group Long-Term Care Insurance

In Parmenter v. Prudential Ins. Co. of Am., No. 22-1614, __F.4th__, 2024 WL 613959 (1st Cir. Feb. 14, 2024), Plaintiff-Appellant Barbara Parmenter, on behalf of a putative class, appealed the…

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Tenth Circuit Revives ERISA Breach of Fiduciary Claim Against Employer Based on Misleading Email About Continued Life Insurance Coverage

In Watson v. EMC Corp., No. 22-1356, 2024 WL 501610 (10th Cir. Feb. 9, 2024) (Before: Matheson, Kelly, and Eid, Circuit Judges), the Tenth Circuit reversed and remanded the district…

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Fifth Circuit Joins Sister Circuits In Holding that the Collection of a Contractually Predetermined Fixed Fee Does Not Constitute a Fiduciary Act under ERISA

In D.L. Markham DDS, MSD, Inc. 401(K) Plan v. Variable Annuity Life Ins. Co., No. 22-20540, __F.4th__, 2023 WL 8642231 (5th Cir. Dec. 14, 2023), Plaintiffs D.L. Markham DDS, MSD,…

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In Matter of First Impression, Second Circuit Adopts Pleading Standard for Prohibited Transaction Claims under ERISA

In Cunningham v. Cornell Univ., No. 21-114-CV, __F.4th__, 2023 WL 7504142 (2d Cir. Nov. 14, 2023), the Second Circuit decided a matter of first impression in one of several similarly…

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Tenth Circuit Adopts Eighth Circuit Pleading Standard for ERISA Breach of Fiduciary Cases Alleging Imprudent Investments

In Matney v. Barrick Gold of N. Am., No. 22-4045, __F.4th__, 2023 WL 5731996 (10th Cir. Sept. 6, 2023), a putative class action against Barrick Gold of North America, its Board,…

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Fifth Circuit Allows Multi-Plan ERISA Class Action to Proceed Against Fringe Benefit Group

The Fifth Circuit Court of Appeals decided a class certification dispute in Chavez v. Plan Benefit Services, Inc., et al, No. 22-50368, __F.4th__, 2023 WL 5160393 (5th Cir. Aug. 11,…

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