Third Circuit Holds Retirement Plan Participants Must Arbitrate ERISA Breach of Fiduciary Duty Claims
Third Circuit Holds Retirement Plan Participants Must Arbitrate ERISA Breach of Fiduciary Duty Claims
Berkelhammer v. ADP TotalSource Grp., Inc., No. 22-1618, __F.4th__, 2023 WL 4554581 (3d Cir. July 17, 2023) (Before: Shwartz, Matey, and Fuentes, Circuit Judges). Appellants Beth Berkelhammer and Naomi Ruiz…
Seventh Circuit Affirms Permanent Injunction Against ERISA Plan Fiduciaries for Using Plan Assets for Personal Benefit
The Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. requires that employee benefit plan fiduciaries comply with the terms of plan documents and their…
First Circuit Holds Health Plan’s Third-Party Administrator Is Not an ERISA Fiduciary with Respect to Overpayments to Medical Providers
In Massachusetts Laborers’ Health & Welfare Fund v. Blue Cross Blue Shield of Massachusetts, No. 22-1317, 2023 WL 3069637 (1st Cir. Apr. 25, 2023), a dispute between the Massachusetts Laborers’…
Seventh Circuit Revives ERISA Breach of Fiduciary Duty Claims Against Northwestern University for Alleged Mismanagement of Retirement Plans
On remand from the U.S. Supreme Court’s opinion in Hughes v. Nw. Univ., 211 L. Ed. 2d 558, 142 S. Ct. 737 (2022), the Seventh Circuit in Hughes v. Nw.…
Ninth Circuit Affirms Dismissal of Putative ERISA Class Action Against MEWA Manager for Lack of Article III Standing
In Winsor v. Sequoia Benefits & Ins. Servs., LLC, No. 21-16992, __F.4th__, 2023 WL 2397497 (9th Cir. Mar. 8, 2023), the court held that participants in the RingCentral health and…
Ninth Circuit: Embezzler of ERISA Plan Lacks Standing to Sue Former Employer for Allocation of Restitution Payments
Lehr v. Perri Electric, Inc., No. 19-17199, 2023 WL 21466 (9th Cir. Jan. 3, 2023) (Before: S.R. Thomas, Bennett, and Sung, Circuit Judges). Colleen Lehr was a former participant in…
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