Fifth Circuit Revives ERISA Imprudence Lawsuit Over Investments and Recordkeeping Fees
Fifth Circuit Revives ERISA Imprudence Lawsuit Over Investments and Recordkeeping Fees
In Perkins v. United Surgical Partners International, Inc., et al., No. 23-10375, 2024 WL 1574342 (5th Cir. Apr. 11, 2024), Plaintiffs are participants of a defined contribution plan established by…
Ninth Circuit Revives Putative Class Action Claims Against UnitedHealth Group for Violation of MHPAEA and ERISA
In Ryan S. v. UnitedHealth Grp., Inc., No. 22-55761, __F.4th__, 2024 WL 1561668 (9th Cir. Apr. 11, 2024), Plaintiff-Appellant Ryan S. brought a putative class action against Defendant-Appellee UnitedHealth Group,…
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…
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…
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,…
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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