Second Circuit Holds Union Trustees Were Not Acting as Fiduciaries When They Passed Invalid Amendments to Multiemployer Plans
Second Circuit Holds Union Trustees Were Not Acting as Fiduciaries When They Passed Invalid Amendments to Multiemployer Plans
In Massaro v. Palladino, No. 20-1807, __F.4th__, 2021 WL 5570814 (2d Cir. Nov. 30, 2021), involving an “acrimonious dispute” between the Union and Employer Trustees of two employee benefit plans…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim for Company’s Misrepresentation of Lifetime Health Benefits
In Warmenhoven v. NetApp, Inc., No. 19-16960, __F.4th__, 2021 WL 4143107 (9th Cir. Sept. 13, 2021), Defendant-Appellee NetApp promised Plaintiff-Appellant Daniel Warmenhoven and other executives lifetime medical benefits under the…
Seventh Circuit Holds ERISA Claims Are Arbitrable but Arbitration Provision Forbidding Plan-Wide Relief Is Unenforceable
In Smith v. Bd. of Directors of Triad Mfg., Inc., No. 20-2708, __F.4th__, 2021 WL 4129456 (7th Cir. Sept. 10, 2021), Plaintiff-Appellee James Smith sued the fiduciaries of the Triad’s…
Fifth Circuit Reaffirms that Termination of ERISA Plan Is a Settlor Function, Not A Fiduciary Act
In Jackson v. AT&T Ret. Sav. Plan, No. 20-30255, __F.App’x__, 2021 WL 3624751 (5th Cir. Aug. 16, 2021), pro se Plaintiff-Appellant, Samantha J. Jackson, appealed the dismissal of her ERISA…
Second Circuit Revives Breach of Fiduciary Duty Claims in Class Action Against New York University Retirement Plans
Sacerdote v. New York Univ., No. 18-2707-CV, __F.4th__, 2021 WL 3610355 (2d Cir. Aug. 16, 2021) involves a class action brought by participants in retirement plans administered by New York University…
Seventh Circuit Holds ERISA Does Not Preempt Bankruptcy Creditors’ State Law Claims Against Corporate Directors and Officers
In Halperin v. Richards, No. 20-2793, __F.4th__, 2021 WL 3184305 (7th Cir. July 28, 2021), the Seventh Circuit considered whether ERISA “preempts certain state-law claims brought by bankruptcy creditors on…
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