Ninth Circuit Revives Breach of Fiduciary Duty Claim Against Employer for Failing to Notify Terminally Ill Employee of Loss of Life Insurance Coverage
Ninth Circuit Revives Breach of Fiduciary Duty Claim Against Employer for Failing to Notify Terminally Ill Employee of Loss of Life Insurance Coverage
In Estate of Foster through Foster v. Am. Marine SVS Grp. Benefit Plan, No. 20-35023, __F.App’x__, 2021 WL 461938 (9th Cir. Feb. 9, 2021), the Ninth Circuit Court of Appeals…
Second Circuit Upholds Dismissal of Breach of Fiduciary Duty Claims Against General Electric for Failing to Meet Dudenhoeffer Pleading Standard.
Varga v. General Electric Company, et al., No. 20-1144-CV, __F.App’x__, 2021 WL 391602 (2d Cir. Feb. 4, 2021) (Kearse, Pooler, Lynch, Circuit Judges). The Second Circuit considered an appeal brought…
Your ERISA Watch – Another One Bites the Dust: Fifth Circuit Rules that Putative Class Action Fails to Meet Dudenhoeffer Standard
In what was conservatively good news for plan participants, the U.S. Supreme Court in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459, 189 L. Ed. 2d 457 (2014) held…
ERISA Watch – Sixth Circuit Adopts Boston Harbor Market-Participation Doctrine to ERISA Preemption
This week’s notable decision is from the land of ERISA preemption: Allied Constr. Indus. v. City of Cincinnati, No. 16-4248, __F.3d__, 2018 WL 283775 (6th Cir. Jan. 4, 2018). The…
ERISA Watch – Court Certifies Class Action Against Citigroup 401(k) Plan Fiduciaries For Alleged Violations of Self-Dealing and Imprudent Conduct
This week’s notable decision is a class certification decision in Leber v. The Citigroup 401(k) Plan Investment Committee, et al, No. 07-CV-9329 (SHS), __F.R.D.__, 2017 WL 5664850 (S.D.N.Y. Nov. 27,…
ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable
This week’s notable decision is Sec’y, U.S. Dep’t of Labor v. Preston, No. 17-10833, __F.3d__, 2017 WL 4545962 (11th Cir. Oct. 12, 2017), a colorful opinion penned by Circuit Judge…
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