Third Circuit Enforces Equitable Disgorgement Remedy Against Former Employee Who Violated ERISA Plan’s Non-Compete Provision
Third Circuit Enforces Equitable Disgorgement Remedy Against Former Employee Who Violated ERISA Plan’s Non-Compete Provision
When Plaintiff-Appellant Michael Wilson sued his former employer, Aerotek, Inc., for violations of the Family and Medical Leave Act and defamation, Aerotek counterclaimed under ERISA alleging that Wilson violated the…
Ninth Circuit Finds Rooker-Feldman Doctrine Does Not Bar ERISA and State Law Claims Related to QDRO and DRO Payout
Lundstrom v. Young, No. 20-55002, __F.App’x__, 2021 WL 1561661 (9th Cir. Apr. 21, 2021) (Before: M. Smith and Ikuta, Circuit Judges, and Steele, District Judge). Plaintiff-Appellant Brian Lundstrom, ex-husband of…
Ninth Circuit Affirms Dismissal of Breach of Fiduciary Duty Suit Against Fiduciaries of Edison International Employee Stock Ownership Plan
Yesterday, in Wilson v. Craver, No. 18-56139, __F.3d__, 2021 WL 1523253 (9th Cir. Apr. 19, 2021), the Ninth Circuit issued another decision in a matter involving the duty of prudence…
Ninth Circuit Holds No Breach of ERISA Fiduciary Duty for Miscalculating Pension Benefits and State Law Negligence Claims Are Not Preempted by ERISA
In Bafford v. Northrop Grumman Corp., No. 20-55222, __F.3d__, 2021 WL 1419055 (9th Cir. Apr. 15, 2021), the Ninth Circuit decided two important issues involving ERISA-imposed fiduciary duties and ERISA…
Tenth Circuit Denied Panel Rehearing and Rehearing En Banc on ERISA Standard of Review Where Administrator Failed to Give Notice of Discretionary Authority
In Lyn M. v. Premera Blue Cross, 966 F.3d 1061, 1065 (10th Cir. 2020), a case involving the denial of ERISA-governed medical benefits, the three-judge panel including Judges Lucero, Bacharach,…
First Circuit Finds Fidelity’s Collection of Infrastructure Fees Does Not Make it a Functional Fiduciary Under ERISA
In Re: Fidelity ERISA Fee Litigation, Wong v. FMR LLC, et al., No. 20-1286, __F.3d__, 2021 WL 836766 (1st Cir. Mar. 5, 2021) involves a consolidated putative class action brought…
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