Your ERISA Watch – Another One Bites the Dust: Fifth Circuit Rules that Putative Class Action Fails to Meet Dudenhoeffer Standard
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…
ERISA Watch – Class-Wide Equitable Relief May Be Awarded Absent Individualized Proof of Detrimental Reliance
This week’s notable decision is a good one on the current state of ERISA remedies. In Osberg v. Foot Locker, Inc., Foot Locker Retirement Plan, No. 15-3602-CV, __F.3d__, 2017 WL…
Eighth Circuit Court of Appeals Expands Rights for Long Term Disability Claimants
The past six years have witnessed significant developments in the remedies available under the Employee Retirement Income Security Act of 1974 (ERISA), a law once reputed to offer limited relief…
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