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ERISA Watch – Third Circuit Holds:  Secretary of Labor Is Not Bound by Private Litigation Results

ERISA Watch – Third Circuit Holds:  Secretary of Labor Is Not Bound by Private Litigation Results

This was the week for decisions in cases involving breach of fiduciary duty claims.  The most notable one is the Third Circuit’s decision in Sec’y United States Dep’t of Labor…

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ERISA Watch – Discretionary Authority Must Be Explicitly Stated in Long Term Disability Plan

This week’s notable decision is Rodríguez-López v. Triple-S Vida, Inc., No. 15-2413, __F.3d__, 2017 WL 782293 (1st Cir. Mar. 1, 2017), where the First Circuit Court of Appeals held that…

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ERISA Watch – Third Party Disability Administrator Did Not Breach Fiduciary Duties For Reporting Substance Abuse to Employer

This weeks’ notable decision is out of the Tenth Circuit Court of Appeals and involves a denial of ERISA short term disability benefits.  In Williams v. Fedex Corporate Services; Aetna…

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ERISA Watch – Pension Fund Customer of Maddoff Investment Securities Lacks Standing to Sue Investment Manager

This week’s notable decision is Trustees of The Upstate New York Engineers Pension Fund v. Ivy Asset Management, Lawrence Simon, Howard Wohl, & Bank Of New York Mellon Corporation, No.…

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ERISA Watch – Shhh! It’s the fiduciary exception to the attorney-client privilege

Good afternoon, folks!  I’m not sure if Westlaw was down or if the ERISA Gods were paying me a solid knowing I was in Las Vegas this weekend, but there…

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ERISA Watch – Ninth Circuit Joins Sister Circuits In Limiting Scope Of ERISA Document Penalties.

This week’s notable decision is Lee v. ING Groep, N.V., No. 14-15848, __F.3d__ (9th Cir. July 25, 2016), where the Ninth Circuit Court of Appeals joined the First, Second, Third,…

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