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Eleventh Circuit Reverses Summary Judgment for Royal Caribbean, Holding ERISA Plaintiffs Need Not Always Provide “Apples-to-Apples” Comparator Evidence to Prove Objective Imprudence

Eleventh Circuit Reverses Summary Judgment for Royal Caribbean, Holding ERISA Plaintiffs Need Not Always Provide “Apples-to-Apples” Comparator Evidence to Prove Objective Imprudence

In Johnson v. Russell Investment Management, LLC, No. 25-10692, --- F.4th ----, 2026 WL 2387006 (11th Cir. Aug. 17, 2026), a breach of fiduciary duty action under ERISA, the Eleventh…

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Ninth Circuit Vacates Summary Judgment for Pension Plan Fiduciaries, Directing Reassessment of Prudence Under Intel’s Prospective-Methods Standard

In Klawonn v. Board of Directors for the Motion Picture Industry Pension Plans, No. 25-2874, No. 25-3230, 2026 WL 2364541 (9th Cir. Aug. 14, 2026), Plaintiff, on behalf of the…

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Fourth Circuit Affirms Denial of Benefits and Rejects Fiduciary Claim Against Recordkeeper, But Holds Administrative Services Agreement Is a Disclosable Plan Document Under ERISA

In Kelly v. Altria Client Services, LLC, --- F.4th ----, 2026 WL 2293854 (4th Cir. Aug. 10, 2026), Plaintiff sought to liquidate his 401(k) account in Altria’s Deferred Profit-Sharing Plan…

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Ninth Circuit Holds ERISA Plan’s Representative-Action Waiver Unenforceable Under Effective-Vindication Doctrine, Affirming Denial of Motion to Compel Arbitration

In Pover v. Capital Group Companies, Inc., --- F.4th ----, No. 24-5298, 2026 WL 2196257 (9th Cir. July 30, 2026), Plaintiff sued her former employer, The Capital Group Companies, Inc.,…

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Ninth Circuit Affirms Knowing and Voluntary Waiver of 401(k) Claims but Reverses Summary Judgment on Pension Plan Claims After Finding Triable Issue as to Whether Eligibility Amendment Was Backdated

In Raya v. Barka, No. 25-2394, __ F.4th __, 2026 WL 2168772 (9th Cir. July 28, 2026), Plaintiff sued his former employer, Calbiotech, Inc., several individual defendants, and Calbiotech’s 401(k)…

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Seventh Circuit Affirms Denial of Survivor Benefits Where Power of Attorney Lacked Express Authority to Waive Spousal Annuity Rights Under ERISA

In Havlik v. University of Chicago, No. 25-2821, --- F.4th ----, 2026 WL 2084784 (7th Cir. July 20, 2026), a suit for ERISA benefits, the Seventh Circuit affirmed summary judgment…

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