Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claims Against AT&T for Failing to Monitor Compensation Received by its Retirement Plan Recordkeeper
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claims Against AT&T for Failing to Monitor Compensation Received by its Retirement Plan Recordkeeper
Bugielski v. AT&T Servs., Inc., No. 21-56196, __F.4th__, 2023 WL 4986499 (9th Cir. Aug. 4, 2023) (Before: Paez, Bade, Circuit Judges, and Collins, District Judge). In this putative class action…
District Court Applies Fiduciary Exception Granting Plaintiff’s Motion to Compel Unum’s Legal Communications Prior To Its Final Decision on ERISA LTD Claim
In Hardy v. Unum Life Insurance Company of America, No. 23-CV-563 (JRT/JFD), 2023 WL 4841952 (D. Minn. July 28, 2023) Minnesota District Magistrate Judge John F. Docherty granted Plaintiff’s motion…
Sixth Circuit Revives Breach of Fiduciary Duty Claims Against United HealthCare for Seeking Reimbursement of Medical Expenses Not Required by ERISA Plan
In Patterson v. United HealthCare Ins. Co., No. 22-3167, __F.4th__, 2023 WL 4882436 (6th Cir. Aug. 1, 2023), Plaintiff-Appellant Eric Patterson appealed the district court’s dismissal of his ERISA breach…
Fourth Circuit Affirms Aon Hewitt Did Not Breach ERISA Fiduciary Duties in Cross-Selling Services and Managing Lowe’s 401(k) Plan
In Reetz v. Aon Hewitt Inv. Consulting, Inc., No. 21-2267, __F.4th__, 2023 WL 4552593 (4th Cir. July 17, 2023), a class action, Plaintiff-Appellant Benjamin Reetz appealed the district court’s judgment…
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…
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