Sixth Circuit Holds ERISA’s Actuarial Equivalence Requirement Bars Use of Unreasonably Outdated Mortality Assumptions
Sixth Circuit Holds ERISA’s Actuarial Equivalence Requirement Bars Use of Unreasonably Outdated Mortality Assumptions
In Reichert v. Kellogg Co., No. 24-1442, ---F.4th----, 2026 WL 734673 (6th Cir. Mar. 16, 2026), the Sixth Circuit addressed an increasingly litigated issue in ERISA pension cases—whether defined benefit…
Fourth Circuit Affirms Termination of Retiree Welfare Benefits Where Plan Reserved Right to Amend or Terminate
In Fitzwater v. Consol Energy, Incorporated, No. 24-2088, 2026 WL 595435 (4th Cir. Mar. 3, 2026), the Fourth Circuit affirmed a district court’s rulings largely in favor of CONSOL Energy…
Second Circuit Holds Plan Fiduciary Breached Duty of Care by Failing to Provide Adequate Notice of Lump-Sum Election During Plan Termination
In Hammell v. Pilot Products, Inc. Defined Benefit Pension Plan, No. 24-3283-CV, 2026 WL 586699 (2d Cir. Mar. 3, 2026), the Second Circuit affirmed a district court judgment finding that…
Fifth Circuit Holds Plan May Compel Arbitration of ERISA § 502(a)(2) Claim but Invalidates Representative-Action Waiver
In Parrott v. International Bancshares Corporation, et al., No. 25-50367, ---F.4th----, 2026 WL 364324 (5th Cir. Feb. 10, 2026), the Fifth Circuit addressed whether an ERISA plan can compel arbitration…
Second Circuit Affirms Retiree’s Right to Pursue Plan Reformation and Litigate Representative ERISA Claims Despite Arbitration Agreement
In Duke v. Luxottica U.S. Holdings Corp., No. 24-3207, ---F.4th----, 2026 WL 303549 (2d Cir. Feb. 5, 2026), the Second Circuit issued a wide-ranging ERISA decision addressing appellate jurisdiction in…
District Court Rejects Proposed ERISA Class Challenging NFL Disability Benefits Process for Lack of Commonality and Typicality
In Alford, et al v. The NFL Player Disability, & Survivor Benefit Plan, et al., No. 1:23-CV-00358-JRR, 2026 WL 216349 (D. Md. Jan. 28, 2026), a group of retired National…
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