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…
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…
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,…
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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